If your employer does not accommodate your work restrictions, they are violating the law. In California, you have the right to reasonable accommodations if you have a documented medical condition. If your employer refuses to comply, you must act to protect your rights and well-being immediately.
Key Takeaways
- Employers are legally required to accommodate reasonable work restrictions.
- Document all interactions and provide a detailed doctor’s note.
- Seek legal advice if accommodations are not provided.
What Are Your Legal Rights and Employer Duties?
In California, employers are legally obligated to accommodate reasonable work restrictions under both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
What Is the Legal Framework for Workplace Accommodations?
The ADA and FEHA require employers to provide reasonable accommodations, such as modifying work schedules or making facilities accessible. To assert your rights, submit a written request clearly stating the needed accommodation and referencing FEHA.
What Are Employer Responsibilities Under the Law?
Employers must engage in an interactive process to determine feasible accommodations. They cannot ignore or refuse your request without valid justification. Document all interactions and seek legal advice if necessary to ensure your rights are upheld.
What is considered reasonable accommodation?
The primary factors in determining if a requested accommodation is reasonable are the financial and operational burdens on the employer. If the employer can afford the accommodation, it is generally considered reasonable, even if it poses some burden. However, the burden must not be undue; to prove it is undue, the employer must demonstrate financial hardship.
What Actions Should You Take If Accommodations Are Not Provided?
- Communicate with Your Employer:
- Submit a written request to your manager and HR, specifying your disability and required accommodations. Keep detailed records of all communications.
- Seek External Support and Advice:
- Contact a disability rights organization or an employment lawyer specializing in disability discrimination for advice and guidance.
- File a Complaint or Lawsuit:
- File a formal complaint with the EEOC or the California Department of Fair Employment and Housing (DFEH). If necessary, pursue a lawsuit to secure the accommodations or compensation you deserve.
By understanding your rights and taking the appropriate steps, you can ensure your employer adheres to legal requirements and provides the necessary accommodations, supporting your well-being and upholding workplace fairness.
Conclusion
If your employer is not accommodating your work restrictions, it is crucial to act quickly to protect your rights. Contact Eldessouky Law for expert legal advice and representation to ensure you receive the accommodations you are entitled to under the law. Protect your well-being and uphold your rights with the support of dedicated legal professionals.
