How to Request Reasonable Accommodation as a Disabled Employee

Question from L, How to Request Reasonable Accommodation as a Disabled Employee

Answer from AI:

If you’re a disabled employee who has requested reasonable accommodations at work and faced delays or denials, it’s important to understand your rights and the steps you can take to address this issue. The process and protections are primarily outlined under the Americans with Disabilities Act (ADA) at the federal level, and may be further supported by state laws, such as those in California.

Understanding Reasonable Accommodation

Reasonable accommodation refers to any modification or adjustment to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. This can include making existing facilities accessible, job restructuring, modified work schedules, acquiring or modifying equipment, and providing qualified readers or interpreters.

Federal and State Protections

• The Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the business.
• California’s Fair Employment and Housing Act (FEHA): This state law offers protections similar to the ADA but includes some provisions that are more favorable to employees, such as broader definitions of disability and the requirement for employers to engage in a timely, good faith interactive process to determine effective reasonable accommodations.

Requesting Accommodations

If you’ve requested accommodations and have not received a response, consider the following steps:

1. Document Your Requests: Keep detailed records of all your requests for accommodations, including dates, the specific accommodations requested, and any responses received.
2. Follow Up: If you haven’t received a response, follow up with your employer in writing. Reiterate your request for accommodations and the importance of these accommodations for performing your job.
3. Interactive Process: Under both the ADA and FEHA, there’s an expectation for an interactive process between the employer and employee to identify appropriate accommodations. If your employer has not engaged in this process, mention this requirement in your communications.
4. Seek External Assistance: If your employer continues to ignore your requests, you may need to seek external assistance. This can include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Filing a Complaint

The timeline for filing a complaint is crucial:

• For the EEOC, you generally have 180 days from the day the discrimination occurred. This period can be extended to 300 days if the charge is also covered by a state or local anti-discrimination law.
• For the DFEH, the time limit is usually three years from the date of the discrimination.

Regarding the continuing violation doctrine in California, this legal principle can allow for the filing of claims for discriminatory acts that began outside the statute of limitations if at least one act occurred within the filing period. This doctrine can apply to ongoing failures to accommodate under certain circumstances.

Consulting a Legal Professional

Given the complexity of employment discrimination laws and the specifics of your situation, consulting with a legal professional who specializes in disability rights and employment law is advisable. A lawyer can provide guidance tailored to your case, help you navigate the filing process, and represent your interests in disputes or negotiations with your employer.

For more information on your rights and the process for requesting accommodations, visit the EEOC’s guidance on reasonable accommodation and the DFEH’s resources on accommodations.

Note: This information is intended to provide a general overview and should not be construed as legal advice. Employment laws and interpretations can vary, so it’s important to consult with a legal professional for advice specific to your situation.