In a professional employer-employee relationship, both parties should remain well-informed about their rights and obligations, as today’s employment landscape is ever-evolving. The State of California is widely viewed as the architect and trailblazer of many laws later mirrored in other US states and territories regarding employee rights. The California legislature has always been at the forefront of matters relating to protected characteristics and individuals with mental or physical disabilities. However, that does not necessarily mean every Bay Area workplace runs accordingly; every employer follows those laws or that every employee is aware of them. Working in California, where labor laws are continuously studied, challenged, evolving, and proposed to shield all workers, it’s essential to have a clear sense of what your employer is obligated to do when requiring an accommodation request or in the face of unfair treatment. Below we explore these topics and how you can protect and enforce your rights at your place of employment.
What are accommodation requests?
Employees in California can formally or informally request accommodations from their employer to address disabilities or religious observances. Concessions can include:
- Changes to work schedules.
- Alterations to duties.
- Physical rearrangement.
- Adjustments to the work environment.
Adaptive measures can allow employees to continue performing their roles while meeting their accommodation needs.
Treating every employee fairly and providing equal opportunities is vital to a healthy, reasonable, and unbiased work environment for all. Extensive CA labor laws are in place to ensure that accommodations can be made for employees and that any discrimination based on protected characteristics remains prohibited. Unfortunately, as stated above, just because comprehensive legislation on these matters exists does not mean every employer, including your own, is honoring them.
A Note to The Employer
Once an employee makes an accommodation request, as the employer, you are obligated to participate in open and engaging communications with your employee to determine reasonable accommodations. However, it is up to you to ensure how you approach the matter and that the accommodations you ultimately select do not cause any unnecessary or excessive hardship to your business. Employers often hope to make a general blanket-accommodation work. However, this is seldom conceivable nor recommended. Employers should consider the individual employee’s needs and the parameters of their own business. Thus, a beneficial accommodation request process should include the following:
- Assessing the request at the individual level.
- Considering different variations of potential accommodations.
- Having sincere discussions with the staff member to identify appropriate resolutions.
It’s best to view fulfilling accommodation requests as a way to cultivate a more diverse and inclusive workspace rather than simply a legal obligation. It’s an opportunity to enhance employee satisfaction and productivity while minimizing the potential for legal consequences and discrimination claims.
What is considered “unfair treatment”?
California Labor Codes extensively outline and provide protections for California’s individuals against unfair workplace treatment. As cited above, certain characteristics are deemed protected in California, and they are ancestry, disabilities, gender (including but not limited to how you express or identify as well as elements such as pregnancy, giving birth, and breastfeeding), race, religion, sex and orientation, and nationality. Even your marital or military status is considered a protected characteristic, and any documented medical conditions an individual may have. There are many ways to define “unfair treatment” in California, depending on various circumstances, conditions, or situations. Harassment, retaliation, denial of benefits, unequal pay, differential treatment, and failure to meet accommodation requests are some of the most common ways unfair treatment manifests in workplaces across the golden state. It’s considered discriminatory treatment to deny any eligible employee access to benefits like healthcare, retirement plans, or options like paid time off based on protected characteristics. If some individuals are denied benefits while others in similar positions receive them, the outcome can be unjust treatment. Singling out and excluding an employee can lead to more than just the loss of financial and healthcare benefits. It can also cause significant mental and emotional distress and repercussions. Do not continue to struggle silently at work out of fear of retaliation for exploring your options.
Experiencing unjust treatment at work can have both short- and long-term consequences that are further compounded when the situation is ignored or brushed aside. The resulting emotional distress can manifest in various forms, such as depression, anxiety, and even panic disorders. Choosing to “tough it out” or push through a problem merely enables employers and others who are breaking the law, thus perpetuating a toxic work environment where unfair treatment remains unchallenged.
“Sarah’s Story”: A Case of an Accommodation Request Ignored
Let’s consider a hypothetical yet commonly plausible scenario where an employee in California, let’s call her Sarah, has a disability that affects her mobility. Sarah informs her employer about her condition and requests a reasonable accommodation of having a designated parking spot closer to her workplace entrance.
The employer must acknowledge or work on her accommodation request in this situation. Sarah notices continued random parking assignments, ignoring the need for accommodation she has already brought to her employee’s attention.
Lack of response or failure to provide reasonable accommodations infringes employee rights, going against state and federal regulations. Although there is no set time frame for employers to respond to such reasonable accommodation requests, addressing them swiftly and sincerely is highly encouraged.
Employers with at least five employees are obligated under the California Department of Fair Employment and Housing Act (DFEH). The DFEH provides reasonable accommodation for individuals with a physical or mental disability. The State Civil Service Act Government Code Sec. 19230 also upholds accommodations. Furthermore, accommodation requests have federal support via Title I of The Americans with Disabilities Act.
Sarah’s Road to Resolution
Sarah and any employee facing a delayed or ignored accommodation request have several options and steps they can take to ensure they have made all attempts at having their accommodation request heard and completed.
- Document Everything: Documentation is critical, as we will see with other topics in this text. Documentation regarding the initial request should be compiled and kept secure. It would behoove Sarah to keep hard copies of all requests and conversations related to the matter. It’s necessary to document any updates, discussions, or correspondence related to accommodation requests or unfair treatment issues with employers. Consistently keeping track of these interactions can serve as a reference and be beneficial during discussions or negotiations. Sarah may also choose to designate via documentation why she requires the request.
- Forms of Documentation and Building Evidence: Documentation and other evidence can help an attorney fight for the employee’s rights if the matter is not sufficiently addressed and resolved internally. Documentation can also include keeping a journal, a record of phone calls with detailed notes and dates, emails, related in-office digital and paper memos, texts, and more. You may also document the effects of your accommodation request being ignored or denied, whether physical, mental, or emotional.
- Following up with the boss: It would be advisable for Sarah to follow up with her employer once more, preferably in written form, to remind them of her request for accommodation and check the status of her plea. She could also request a meeting to delve deeper into the matter.
- Consulting Employee Policies or Company Handbooks: It would be beneficial for Sarah to look at her employer’s employee handbook or policies to ensure that she followed the correct protocols when requesting accommodations. Doing so will provide her with a better understanding of her entitlements and underline the responsibilities of her employer to acknowledge and carry out her request.
- Heading to HR: If Sarah’s workplace has a human resources department, it would be wise for her to reach out to them to highlight and escalate the accommodation request. HR professionals can offer valuable guidance, facilitate discussions, and advocate on her behalf within the workplace and to the company’s higher-ups.
What if there is no movement or resolution?
Complaints and Legal Recourse: If the employer continues to disregard your request or neglects to participate in an interactive approach, it would be advisable for you, and for Sarah in our example above, to seek the counsel of a skilled employment law lawyer who can evaluate your circumstances, provide useful legal recommendations, and guide you through any necessary steps to safeguard your rights. If all internal attempts to settle the issue prove futile, you can file a complaint with an appropriate government agency. In California, The DFEH handles complaints related to workplace discrimination and failure to provide reasonable accommodations. Your lawyer may suggest legal action if your employer does not acknowledge or work on the request. An employment attorney can help gather and examine evidence and provide support as you begin the process of filing a lawsuit.
For employees to effectively defend their rights, they must take swift action, carefully document all interactions, and seek legal advice at the earliest opportunity. Employment Law lawyers are well-equipped to provide tailored guidance based on the unique circumstances of each case, helping you facilitate the necessary steps within your workplace, navigate the legal process with confidence, and pursue appropriate remedies for an employer’s failure to comply.
Whether you are unsure if your situation falls within the categories discussed here or your accommodation request has been neglected, it is imperative to seek the guidance of an adept professional, such as an experienced employment law attorney in the San Francisco Bay Area. Conferring with a thorough employment law lawyer can provide clarity, guide you toward appropriate next steps, and help gauge which options are best for you to pursue based on your case’s circumstances. Empower yourself, protect your rights, and schedule a free and confidential consultation to begin accessing and discussing your options today.
