What Is a Reasonable Accommodation Request?

It is a request for a change or a modification in the workplace, which may include one or more of the above, that enables you to continue to perform your essential job functions. Whether your request is “reasonable” depends on your individual circumstances. If your employer disingenuously claims that your request is unreasonably, speak to an attorney.

How Do You Request a Reasonable Accommodation at Work?

H.R. must give employees guidance as to what the employer requires. Under California law, a request for a reasonable accommodation does not have to be in writing. But it is a good idea for you to submit the request in writing because an employer seeking to evade its duty to accommodate you may claim ignorance. Even the EEOC recognizes that submitting a request in writing will avoid a dispute regarding whether a request was made. An employee also doesn’t need to use the term “reasonable accommodation” or any particular buzzword or phrase. For example, “I cannot make it on time to work in the morning because of my medical appointments and/or treatments I’m undergoing,” is a request for an accommodation that should prompt your employer to offer accommodations. Notice of medical leave or list of restrictions, also notifies employer that you need an accommodation.

Do I Have to Disclose My Medical Condition to My Employer?

An employer may ask you if you are experiencing COVID-19 symptoms. Generally, however, inquiries about the nature of your medical condition are prohibited. An employer may require a second medical opinion at its own expense. Your employer may inquire about your prognosis of recovery and your limitations.

How Quickly Must an Employer Respond to a Request for a Reasonable Accommodation?

Generally, an employer is required to respond promptly but there is no set time, e.g., within 24 hours. However, long delays may subject the employer to liability. If you are forced to work without an accommodation for prolonged periods of time, this is a red flag and you may even have a case of constructive termination. Please contact one of our attorneys to discuss your situation.

What Is an Interactive Process?

After receiving a request for an accommodation or if you’ve exhausted CFRA/FMLA leave and/or employer’s internal leave policy and need more leave, your employer must initiate an interactive process with good faith intentions to accommodate you. An employer must do everything in its power to help you and avoid a termination. Employer must work with you to find a suitable accommodation by continually communicating with you, seeking your input, and seeking and/or providing any information that is needed. Your employer also has to keep you informed of all available accommodations and be mindful of changes and/or improvements in your condition. Each employer’s needs are different, so it is incumbent on the employer to notify and guide you. Another red flag is when an employer is unresponsive, offers accommodations that don’t apply to you, or creates unnecessary obstacles. This may be a sign that your employer is actively pushing you out of your job. Speak to an attorney ASAP.

Can an Employer Refuse Reasonable Accommodations?

Certain requests for an accommodation are not considered reasonable. For example, an employer does not need to promote or create a new position to accommodate an employee, unless an employer has a policy or practice of doing so. In other words, if the employer has done it in the past for others, it may be required to extend such accommodations to you. An employer can also refuse an accommodation request if it imposes an undue hardship (not just a hardship); meaning a significant difficulty or financial expense in light of the employer’s resources and tax breaks.

Can I Lose My Job Because of My Disability?

If you can continue to perform your essential job duties with or without a reasonable accommodation, your employer cannot terminate you. Please see Disability Discrimination. The same facts may give rise to multiple violations.

Is Failure to Accommodate Discrimination?

Failure to accommodate is a form of disability discrimination. The two claims are related because the failure to accommodate often leads to an adverse action such as demotion, termination, or hostile work environment because of your disability.

Sexual Orientation Discrimination Attorneys

Home / Our Services / Discrimination / Sexual Orientation Discrimination Attorneys – Los Angeles, California

If you are facing discrimination at work because of your sexual orientation, your job might be at risk. Unless dealt with appropriately, discriminatory actions will often escalate into a hostile work environment resulting in serious consequences to your health and professional standing.

Contact one of our sexual orientation discrimination attorneys for advice on what steps you can take that might save your job. While this might be the first time you are facing an employment dispute, employers have a lot more experience in handling personnel issues and typically engage human resources or legal counsel to assist them. You deserve the same guidance.

If you have been wrongfully terminated for discriminatory reasons, contact one of our attorneys immediately. You may be entitled to lost wages, front pay, as well as additional economic compensation, including but not limited to, for emotional distress and medical costs. To take advantage of all of your legal options, you must act quickly. California has strict deadlines for initiating legal action.

HOW DO I KNOW IF I WAS DISCRIMINATED AGAINST BECAUSE OF MY SEXUAL ORIENTATION?

Although the LGTB community has made great strides in obtaining equality under the law, many employers are still intolerant of diversity. California law strictly prohibits an employer from discriminating against you based on your sexual orientation, which includes homosexuality, heterosexuality, and bisexuality.

It is equally illegal for an employer to discriminate against you based on your “gender expression,” which means a person’s gender related appearance and behavior whether or not stereotypically associated with the person’s assigned gender at birth.

These laws also prohibit an employer from discriminating against individuals based on the employer’s perceived sexual orientation of the individual. In some cases, an individual’s mere appearance of a particular sexual orientation might lead to discrimination.

Demonstrating illegal discrimination is challenging. Overt forms of discrimination – such as offensive remarks– are not as common in the present day workplace as subtle, passive aggressive forms of discrimination, which are just as harmful. This is because employers often attempt to hide their discriminatory conduct under the guise of legitimate business decisions such as company reorganizations and layoffs to avoid liability. Pay special attention to whether there are true, legitimate business reasons justifying your employer’s alleged “business decisions.”

While employers rarely make the mistake of putting a discriminatory reason in writing, discrimination can be proven with indirect evidence.

Our attorneys can help you identify and gather persuasive evidence of sexual orientation discrimination to corroborate your potential claims against your employer.

WHAT SHOULD I DO IF I WAS DISCRIMINATED AGAINST?

If you have concerns that you are being treated unfairly at work or that you were terminated for discriminatory reasons, contact us for a free and confidential consultation today. Our sexual orientation discrimination attorneys represent professionals, executives, and workers across all fields. For more information about your legal rights, please visit the California Fair Employment and Housing Department (DFEH).

Free Confidential Legal Consultations. No Fees, Unless You Win! We look forward to helping you.

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To take advantage of your legal rights, contact us today.

Sexual Orientation Discrimination Attorneys

HOW DO I KNOW IF I WAS DISCRIMINATED AGAINST BECAUSE OF MY SEXUAL ORIENTATION?

WHAT SHOULD I DO IF I WAS DISCRIMINATED AGAINST?

Awards

Aggressive | Effective | Ethical Legal Representation

Aggressive | Effective |
Ethical Legal Representation