Marina del Rey Reasonable Accommodation Lawyer

Marina del Rey Reasonable Accommodation Attorney

The Americans with Disabilities Act and similar state and federal laws provide important protections for people with disabilities. Even with the passing of the ADA more than three decades ago, some workplaces continue to fail to provide reasonable accommodations for disabled workers. If your employer fails to provide accommodation for your disability, you can hire a Marina del Rey reasonable accommodation lawyer to protect your rights.

Reasonable Accommodations

More than 42 million Americans live with a disability. Many disabled men and women are able to live fully productive lives with active careers. To allow them to perform common work tasks, they often require certain forms of equipment or modifications to their work environment. Disabled workers enjoy important protections from discrimination. Under state and federal laws, employers must provide reasonable accommodations.

The legal standards for what is reasonable or not are important because workers can only be protected when they make reasonable requests of their employer. One example of a reasonable accommodation would be a flexible work schedule that allows for telecommuting, medical appointments, or the need for additional rest.

Assistive technology is another example of an accommodation that employers could provide disabled workers. Adaptive technology could include specialized equipment or software, such as screen readers for employees with visual impairments or speech recognition software for those with mobility impairments affecting their ability to type.

Some workers require physical workspace adjustments to their work environment. These commonly include ramps that allow for wheelchair access. Workstations may need to be modified. In some cases, workers may require ergonomic furniture to accommodate their disability.

Failure to Accommodate

An employee is still considered qualified for a job even if they require reasonable accommodation to perform their duties. Disabled workers have the right to request reasonable accommodations under the ADA and Family and Medical Leave Act (FMLA) protections. Both federal laws ensure that an employee’s rights are protected.

California’s at-will employment law does not permit employers to terminate workers simply because they need or request reasonable accommodations. Employers are also prohibited from making hiring decisions based on discriminatory reasons, such as an employee’s perceived need for accommodations.

For example, if a worker who requires the use of a wheelchair requests a workstation that allows for easier access with a wheelchair, the employer must accommodate this request. If they say they cannot or will not, the worker may have a basis for hiring an employment lawyer who can file a complaint with the appropriate government agency against such discriminatory behaviors.

If an employee is qualified but needs accommodations, the employer is legally obligated to provide them. Legal disputes can arise if an employer fails to accommodate or refuses to hire an employee due to their need for accommodations.

Legal Options Following Disability Discrimination

The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces anti-discrimination laws to hold violating employers accountable. In addition to federal protections, California has its own state-level regulations to further protect workers from mistreatment.

If your employer fails to provide you with reasonable accommodations for your disability, you may have grounds to file a claim. Your lawyer can file a failure to accommodate a claim on your behalf. However, the first will be to negotiate with your employer to reach a resolution prior to any legal action. If your request is denied or if your employer takes steps to retaliate against you, your lawyer may explore taking direct legal action.

California employers are required to engage in an interactive process as part of their effort to address a worker’s accommodation needs under the ADA and FMLA. This process involves a dialogue where the employee and employer work together to find suitable accommodations.

Failure to engage in this process or to make any good-faith effort can also constitute a failure to accommodate.

A successful claim can lead to various outcomes, including:

• Reinstatement with accommodations
• Back pay
• Front pay
• Coverage of legal expenses
• Emotional distress.

In cases that involve serious misconduct, punitive damages may be awarded. Without legal representation, successfully seeking compensation can be difficult.

The Law Offices of Miguel S. Ramirez

If you need a reasonable accommodation and your employer is not receptive to the request, a lawyer who understands state and federal disability laws can help. Reasonable accommodations for disabilities are a protected civil right for employees. A lawyer can work to negotiate on your behalf with your employer to bring them into legal compliance and provide you with the resources you need.

Our team uses our extensive knowledge and experience to help employees stand up to employers who may either be unfamiliar with their obligations or attempt to deny accommodations. As an employee, you shouldn’t have to fight back against such practices on your own.

FAQs

Q: How Do You Negotiate Reasonable Accommodation?

A: Reasonable accommodation negotiations are standard practice between an employee and their employer. If you need a reasonable accommodation, you should begin by discussing the needs with your employer, who should provide the necessary changes.

If your employer is not receptive to your request for reasonable accommodations, you can hire a lawyer who understands state and federal labor laws. Your lawyer can take further steps if your employer does not comply with your request for reasonable accommodations.

Q: What Is the Goal of a Reasonable Accommodation?

A: The goal of any reasonable accommodation is to allow a worker with disabilities to continue performing their duties. People with disabilities have the right to pursue gainful employment. Often, they need minor changes to their work environment or flexible schedules to perform their tasks. State and federal laws require employers to make reasonable accommodations for workers upon request.

Q: Who Defines Reasonable Accommodation?

A: The Americans with Disabilities Act defines reasonable accommodations as the necessary changes to the performance of a job, the work environment, or even the physical space that allows a person with disabilities to successfully complete their job. Ramps, screen readers, and policies that allow for guide dogs are three examples of reasonable accommodations.

Before taking legal action, your employment law lawyer can review your case to make sure that your request qualifies as reasonable under federal law.

Q: What Constitutes Failure to Provide Reasonable Accommodations in California?

A: When you make a request for disability accommodations, and your employer refuses to comply, they could be failing to provide reasonable accommodations. Types of violations include refusing to change your schedule, denying a leave of absence, not providing you with proper equipment, and more.

If you have a disability, you are protected by the Americans with Disabilities Act with the right to work. Your employer has an obligation to work with you and any doctor’s orders to provide the resources for you to be successful.

Marina del Rey Reasonable Accommodation Lawyer

Your employer is required by law to make accommodations for your place of work. Once you notify your employer that you are having difficulty performing work-related duties in the current environment, they should provide you with the necessary resources to continue performing the duties of your job. Failure to do so could mean you have grounds to file a claim against your employer and seek compensation for financial damages you may have suffered as a result.

Confronting your employer may seem like a daunting task and leave you filled with questions. With the help of a lawyer from the Law Offices of Miguel S. Ramirez, you could get the answers you deserve to hold your employer responsible if they failed to provide you reasonable accommodations. Schedule your consultation by contacting our office today.