In California, individuals with physical or mental disabilities are entitled to certain accommodations in their place of work. However, the unfortunate reality is that these requests for accommodation are too often ignored by employers. In instances like these, a Culver City reasonable accommodation lawyer can work diligently to help protect your rights under both state and federal laws.
One denial from an employer on a reasonable accommodation request has the ability to derail your entire career depending on the circumstances. No one deserves this kind of treatment, especially when an individual is only trying to perform their job in a successful manner. With a trusted attorney at your side, you can seek the compensation and justice you deserve while exercising your rights under disability laws put into place at both the state and federal levels.
Under the federal law known as the Americans with Disabilities Act, or ADA, qualified employees with disabilities are protected from discrimination or negative treatment due to a disability by covered employers. Furthermore, employees residing in the state are awarded protections under the California Fair Employment and Housing Act, or FEHA. These protections are separate from those provided by the ADA.
When a qualifying employee has a disability, the ADA or FEHA ensures that the employer provides reasonable accommodation when requested unless doing so would create an unnecessary hardship. This means that the employer must make reasonable accommodations, which are adjustments to a work environment that allows disabled individuals to continue performing the functions of their employment.
If you ever find your request for reasonable accommodation denied, the team at the Law Offices of Miguel S. Ramirez is here to help. We are prepared for and passionate about advocating for your rights under federal and California laws.
The unfortunate reality is that trying to fight for your legal rights alone rarely results in the outcome you are hoping for. You may find yourself in situations of being taken advantage of or manipulated out of the justice you are pursuing. However, the legal counsel of an experienced Culver City reasonable accommodation lawyer can determine the right course of action to take and offer the necessary guidance needed for a positive outcome.
The team at the Law Offices of Miguel S. Ramirez is also here to represent you in Culver City if the need to appear in court becomes necessary. We will analyze each detail of your dispute and tailor our care to work toward ensuring your legal protection.
In general terms, reasonable accommodation refers to any modification necessary to the workplace so a disabled employee can continue to perform their essential job duties. These can commonly include the following:
It is important to keep in mind that this is not an exhaustive list, and there are plenty of other situations that may call for reasonable accommodations to be requested. A skilled and knowledgeable attorney can look over the details of your claim to make sure all your legal rights are being advocated for.
While the reality is that employers must provide reasonable accommodations when requested, there are limits on their legal obligations. One example is that an employer is not required to create or promote a new position just to accommodate the disability of one of their employees.
Additionally, if the employer can show that the requested accommodation would cause unnecessary difficulty for the operations of the workplace as a whole, the accommodation does not need to be provided.
These difficulties are any action that would require significant expense or complication, taking into account the following factors:
A: Under the Americans with Disabilities Act, a reasonable accommodation does not apply to things such as the creation of new jobs, the removal of essential job functions, or the provision of personal items like glasses or mobility aids. Nothing in the act keeps an employer from providing these things if they want to; it simply ensures that these things are not required of them.
A: When it comes to reasonable accommodations that apply to work schedules, there are several examples of things that may be modified. These can include the changing of arrival or departure times, the provision of extra breaks, changing assignments during a shift, or even altering when and/or how certain tasks are performed during said shift.
A: Under the Americans with Disabilities Act, a reasonable accommodation is any change, modification, or adjstment made to a specific job or the workplace that will allow the individual disabled employee to have their needs met and accommodated so that they may perform the necessary and essential functions of their job.
A: An ADA violation happens when an employer fails to adhere to the requirements set forth by the ADA itself. An individual then has the right to file a claim for these violations, as the Americans with Disabilities Act prohibits any discrimination against employees with disabilities. Consulting an attorney who can help you navigate these disputes can help ensure the process runs as smoothly and quickly as possible.
Advocating for your rights to reasonable accommodations can feel daunting and overwhelming, but you don’t have to go through these legal proceedings on your own. The team at the Law Offices of Miguel S. Ramirez knows how to get results. We will stand up to your employers and take whatever legal action is necessary. Contact our offices today to see how we can help you during this difficult time.
Advocating for your rights to reasonable accommodations can feel daunting and overwhelming, but you don’t have to go through these legal proceedings on your own. The team at the Law Offices of Miguel S. Ramirez knows how to get results. We will stand up to your employers and take whatever legal action is necessary. Contact our offices today to see how we can help you during this difficult time.