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The centerpiece of the Americans With Disabilities Act (ADA) - in terms of workplace rights - is the right to seek a reasonable accommodation. A reasonable accommodation is a change to the work environment, in the workplace, the job itself, or process that would allow a person with a specific disability to apply for a job or perform the essential functions of the job once in the position.
Under the ADA, it is illegal for an employer to discriminate against the person who requests or needs a reasonable accommodation. After the person requests or the employer learns the employee needs a reasonable accommodation, the employer and employee (or applicant) should discuss possible solutions and try to arrive together at an accommodation that works for the employee and does not create an undue hardship for the employer. The discussion is formally known as the interactive process. It is illegal for an employer to fail to engage in the interactive process, just as it is illegal for an employer to fail to provide a reasonable accommodation.
Caietti Law Group, APC, is an employment law firm with offices in San Diego and Riverside. The firm provides representation to both employers and employees involved in conflicts relating to disability discrimination lawsuits or negotiations. If you have questions about ADA violations and/or disability discrimination issues or lawsuits, contact Caietti Law Group, APC at 858.623.5644 or contact us online.
Is your employer denying you a reasonable accommodation when you are trying to return to work after a workplace injury? Employers still have obligations under the ADA in workers' compensation situations. The Caietti Law Group, APC can help employers understand their obligations and the help employees assert their rights in these types of situations.
Reasonable accommodation in the workplace may include:
Under California law, as long as a disabled person is capable of performing the essential job functions or core job responsibilities, he or she must be treated the same as any other employee. Reasonable accommodation, on the other hand, cannot place an undue hardship on the employer. If an employer refuses to implement a reasonable accommodation that does not create an undue hardship, the employee has the right to file a disability discrimination lawsuit.
At Caietti Law Group, APC, our clients receive sophisticated legal service in an environment where personal service is valued very highly. Our clients know their cases are a priority and the firm will bring its legal skills to bear to resolve their problems in an effective, efficient and economic manner.
To schedule a consultation, call 858.623.5644 or contact us online.