Employer Refusing to Provide Reasonable Accommodation

Answer:

One of the main types of cases we take are cases in which an employee is given work restrictions that require accommodation, but, as a result of the work restrictions, the employer isn’t allowing the employee to continue the work. Either the employee is being asked to stay out on leave for an extended period of time, despite the fact that the employee believes that they can work, or the employer has made the decision that as a result of the accommodation request that they have to terminate the employee. Under California law, it’s extremely important for employees to know that they have rights. The employer has what’s called an affirmative obligation to engage in the interactive process to try and determine whether or not the employee can do their job either with accommodation or without accommodation so that they continue to work for the company. If the employee can’t do their normal customary job, it still doesn’t mean that the employee has to be terminated. If there’s a vacant position within the company, the employee is entitled to that vacant position. It’s important for you to understand that throughout that process, a lot of times the employer doesn’t want somebody there with restrictions, and they’ll throw up roadblocks or come up with excuses or simply just say, “No, you have to be 100% or you can’t come back.” A lot of times that violates the California Fair Employment Housing Act. It’s important for you to find an attorney that is well versed in the Fair Employment Housing Act as it relates to the employer’s obligation to provide an accommodation to permit the employee to continue working. It’s also the employer’s obligation to engage in a good faith and timely interactive process to make sure that the employee can continue working. If you have any questions regarding the employer’s obligation under the Fair Employment Housing Act, or what to do now that you have work restrictions and the employer isn’t returning you back to work, feel free to give me a call. I’m happy to answer any questions that you may have.