Employees sometimes have more difficulty than others doing their job through no fault of their own. The employee has a disability that makes fulfilling the role more challenging for them. For example, their hearing is particularly weak, so they cannot hear what is said in many conversations. Or, their leg is weak, so they are unable to stand for long before needing a break to sit. Disabilities could be physical or mental or in certain cases, a medical condition may also qualify.
California’s Fair Employment and Housing Act (FEHA) gives these workers the right to ask their employer to make changes to better accommodate them. The law obligates most employers with five or more employees to make that accomodation provide it is reasonable in terms of cost, practicality, effect on other staff and the like. Federal laws cover the same ground, but the California law, as with many of the state’s employment laws, is more comprehensive, offering more protection to employees.
A clear policy helps
Employers should not leave it up to the first employee with a particular need to come and ask them how to get reasonable accommodations. They should have a clear policy document that informs employees of their right to ask for reasonable accommodations and how to go about it.
It’s a discussion
An employer does not need to say yes to the first accommodation employee requests. By the same token, an employee does not need to say yes to the first thing an employer offers, or take a no as a final answer. A bit of back and forth negotiation may be necessary to find a solution that is acceptable to both employee and employer.
If negotiations prove difficult, both parties may want guidance to learn more about their legal obligation and rights