Burbank Reasonable Accommodation Lawyer

Burbank Reasonable Accommodation Attorney

California law protects your right to equal opportunity at work, regardless of whether or not you have a disability. If someone denies reasonable accommodation or discriminates against you, we can help. Our Burbank reasonable accommodation lawyer wants to assist you in your fight against an employer failing to follow employment laws.

The skilled team with the Law Offices of Miguel S. Ramirez has decades of experience advocating for employees’ rights across Southern California. We provide personal one-on-one attention and steadfast representation.

Understanding Reasonable Accommodations

California laws require employers to offer reasonable accommodations to qualified disabled employees. These laws mean employers must make adjustments that allow you to perform your essential job duties.

These requirements typically only apply if the accommodation does not significantly burden the employer’s business. Many types of accommodations are believed to be reasonable and important to overall employee satisfaction, but the determination relies on the specific accommodation needed and the employer.

Modified Work Schedules or Telecommuting

If chronic pain, fatigue, or frequent medical appointments caused by your disability make it difficult for you to adhere strictly to traditional working hours, a flexible schedule or permission to work from home could be considered a reasonable accommodation. Telecommuting may prove particularly helpful when mobility impairments or difficulties concentrating due to office noise come into play.

Accessible Equipment or Software

Employers could provide screen readers for visually impaired staff members. They can also make speech recognition programs available for people who find typing physically challenging. Additionally, employers can provide specialized ergonomic devices to individuals with carpal tunnel syndrome or other similar conditions limiting movement.

Other Assistive Devices

Employers can furnish standing desks if prolonged sitting causes discomfort among employees whose duties do not require them to be sitting. Also, employers can supply employees in need with ergonomic chairs designed to promote better posture and reduce lower back pain.

Many of these modifications can boost employee performance and foster an inclusive, supportive, and understanding workplace where people without disabilities also enjoy a richer quality of life.

Modified Break Schedules

Depending on their disability, employees may need more frequent or prolonged breaks. While these breaks should not wholly affect the worker’s overall productivity, they can be vital to employee health. For instance, a diabetic worker may have to check their blood sugar levels and take insulin shots throughout the day, or someone with Crohn’s disease may require additional restroom visits.

Job Restructuring

In some situations, reassigning non-essential tasks or altering job duties can be reasonable accommodations. Suppose an individual has carpal tunnel syndrome, which prevents them from typing. In that case, they could work on other aspects of their position that do not involve extensive keyboard use while a colleague handles the typing responsibilities.

How We Can Assist You

Our Burbank disability lawyers can help you get the reasonable accommodation you deserve under California law. Working with us, you do not have to fight this battle alone. As your partner in the legal system, we will:

• Assess Your Situation: We work with you to understand your disability, job duties, and past accommodation requests. Then, we brainstorm solutions to modify your role for optimal performance, drawing on industry standards and similar cases.
• Negotiate with your employer: Our skilled team will advocate for your needs in negotiations with your employer. We can explain your limitations and how your employer can accommodate them while addressing any questions. Our goal is to achieve fairness through open communication.
• Legal Representation: If your case progresses to litigation, we can represent you in court to uphold your rights under California law. Our team can prepare your case to ensure you receive all legal protections.

Importance of Documentation

Always ensure proper documentation of your disability and your necessary accommodation. Keep copies of electronic mail exchanged between parties concerned during all periods and medical reports indicating limitations caused by illness alongside recommended adjustments from your doctor’s office. The records can be essential should disputes arise regarding questions in the process or when wondering whether offered measures are considerable.

FAQs

Q: What Is Considered a Reasonable Accommodation in California?

A: California law recognizes many adjustments as reasonable. The specific accommodation depends on your disability and job duties. Some examples include modified work schedules or telecommuting, special equipment/software access, assistive technology devices, altered break periods, or task redesigning.

A qualified labor lawyer can help identify suitable accommodations for your specific situation.

Q: What Is Undue Hardship in Employment Law?

A: Employers can only deny a reasonable accommodation if it creates an undue hardship. This term means they must prove the accommodation would be too expensive, disrupt operations significantly, or pose safety risks.

It is the employer’s responsibility to demonstrate hardship. Courts consider several factors, such as the business’s size, the accommodation’s nature, and the financial impact. Employers also cannot eliminate essential job duties as an accommodation.

Q: Can an Employer Deny a Reasonable Accommodation in California?

A: The employer does not have to provide accommodations that change the job’s core nature or eliminate an essential function.  For instance, if a cashier must lift heavy items often during work hours, the employer is not obligated to attempt to alter the job position to fit the employee. However, if possible, the employer could provide the employee with a mechanical device that will help them quickly move bulky things.

Q: How Does Reasonable Accommodation Work?

A: California law requires a collaborative effort between you and your employer regarding reasonable accommodation. You must disclose your disability and request accommodation, while your employer must seriously consider options that allow you to perform your essential job duties. The focus is finding a functional solution, not achieving perfection.