New Fact Sheet available regarding Workplace Disability Accommodations
Recently, the California Civil Rights Department (CRD) issued a new Fact Sheet entitled “Disability Accommodations at Work” guiding employees and employers on employment protections on the job. The state agency, self-described as being charged with enforcing California’s civil rights laws and protecting Californians from unlawful discrimination in employment, housing and public accommodations and from hate violence and human trafficking, has issued this new guidance for informational purposes only – employers should be aware that they are not required to post this fact sheet at the workplace.
Here are some highlights of the main points of the CRD publication:
· California Employment Protections
o Job applicants, employees, interns and volunteers alike are protected
o Protections apply to private employers with five or more employees, and all public employers
o People with disabilities have the right to request reasonable accommodations at work. A reasonable accommodation is a change that makes it possible for a person with a disability to do their job or advance in their career, including changing a worksite or workplace rule.
· Showing the Need for an Accommodation
o The person who needs a reasonable accommodation must show they have a disability recognized by the law
o Generally, to receive a reasonable accommodation at work, a person must have a mental or physical impairment that limits their ability to do major life activities, physical, mental, or social – including activities that affect a person’s ability to work or advance in their career such as thinking, communicating, walking, lifting and concentrating
· Requesting Accommodations and the Interactive Process
o Employers cannot require people to request accommodations in writing or require them to use specific words. If a person with a disability requests a change to their workplace or working conditions so they can perform the essential functions of their job, it is a reasonable accommodation request.
o When requesting accommodations, applicants and employees must explain the connection between their disability-related need and their requested accommodation. This means explaining how the accommodation would help them do their job.
o Employers must respond promptly to reasonable accommodation requests. After receiving an accommodation request, the employer must start the interactive process. This is an opportunity for the employer and the person with a disability to discuss the request.
· Supporting Medical Documentation
o Employers may sometimes request medical documentation during the interactive process.
o When employers do not know about the disability and/or the disability is not obvious, they can request medical documentation.
· Granting and Denying Accommodations
o Employers should grant and put accommodations into effect without delays, when possible.
o An employer can only deny an accommodation request in one of these situations:
§ The applicant or employee does not have a disability recognized by the law,
§ Granting the accommodation takes away an essential function of the job,
§ The accommodation creates significant difficulty and expense for the employer (undue hardship), or
§ The accommodation endangers the health and safety of the requestor and others at the workplace.
· Leave from Work after Violence
o California law requires that employers reasonably accommodate employees who are victims, or whose family member is a victim, of certain acts of violence, for the safety of the employee while at work.
For more information, you can review the Fact Sheet in its entirety on the CRD’s website as well as other resources for employers in its outreach and education section. In addition, please do not hesitate to reach out to Rosasco Law Group for any questions regarding disability accommodations or other topics regarding workplace compliance.
