Employee disability accommodations

Employee Disability Accommodations:  

Handle it with Confidence  

When having disabled employees –or applicants for a position– one of the most important aspects to consider is the proper way to respect and guarantee their rights. Here is a helpful summary for a better reasonable accommodation process in the workplace for your company. 

What are Reasonable Accommodations in the workplace? 

A reasonable accommodation is a logical adjustment that employers make to a job and/or the work environment to enable a disabled –but qualified– person to perform the essential functions of the position.    According to the California Fair Employment and Housing Act (FEHA), employers of five or more employees have an obligation to provide reasonable accommodation for individuals with a physical or mental disability to perform the essential functions of their jobs unless it would cause undue hardship to the employer. This obligation also includes analyzing applicants’ requests for reasonable accommodation.   Reasonable accommodation can include, but is not limited to, the following: 

• Changing job duties 
• Providing leave for medical care 
• Changing work schedules 
• Relocating the work area 
• Providing mechanical or electrical aids 

For the Equal Employment Opportunity Commission (EEOC), if reassignment is required, an employer must place the employee in a vacant position for which he or she is qualified without requiring the employee to compete with other applicants for open positions. 

 Nature of the Medical Condition 

The employees’ medical conditions who request a reasonable accommodation can be classified as follows: 

• Obvious or substantiated disability: Both the disability and the need for reasonable accommodation are obvious, or the employee has already provided the employer with sufficient information about it. 
• Not obvious disability: The disability and the need are not obvious. When it happens, the employer may ask for reasonable documentation and functional limitations. 

 Reasonable Accommodation Situations 

The different and general circumstances for employers to provide reasonable accommodation are: 

1. An application process that enables a qualified applicant with a disability to be considered for the desired position. 
2. A work environment that enables a qualified employee with a disability to perform the essential functions of the job. 
3. A modification that enables an employee with a disability to enjoy equal benefits and privileges afforded to other non-disabled employees. 

 What Is a request for a Reasonable Accommodation? 

When an employee or applicant requests a reasonable accommodation, the employer’s obligation to engage in the interactive process begins. Those requests can be made to: 

• The employee’s supervisor.  
• A manager or supervisor in the employee’s chain-in-command. 
• An EEO officer.  
• An officer designated by the employer to handle the reasonable accommodation process. 
• Any employee with whom an applicant has contact. 

In addition, a statement that the employee needs adjustment or change in work due to a physical disability, mental disability, or medical condition: 

• May be written in “plain English” and need not mention the Americans with Disabilities Act (ADA), FEHA, disability, or reasonable accommodation. 
• May be made by a family member, friend, healthcare provider, or another representative. 
• May be made at any time. 

 Exceptions  

An employer does not have to provide a reasonable accommodation that would cause undue hardship to the employer.   Following the EEOC guidance, an indefinite leave can constitute an undue hardship, as the employees cannot determine whether or when they will be able to return to work, and so does not have to be provided as a reasonable accommodation. If an employer determines that holding open the job will cause undue hardship, then it must consider whether there are alternatives that permit the employee to complete the leave and return to work. 

 Interactive Process 

This process is based on the communication and collaborative effort between employer and employee to determine what, if any, accommodation should be provided. Both the ADA and the FEHA require employers to engage in a good-faith interactive process with employees in need of reasonable accommodation.   Among its objectives, the interactive process is intended to: 

• Assess the nature of the condition. 
• Determine the extent the condition imposes limitations on the ability to perform essential functions of the job.  
• Identify possible accommodations that may or may not overcome those limitations.  
• Analyze the reasonableness of the accommodation.  
• Implement the most appropriate accommodation, if any. 
• Document your communications with the employee. 

 

CLS Is Your Partner 

As a small or medium-sized employer, you may not need a full-time in-house HR manager. But that doesn’t mean you don’t need a reliable HR partner. At CLS, we specialize in proactively protecting your organization from HR-related issues, which includes minimizing the impact when problems arise by providing the expert guidance you need to resolve the matter with confidence.   California Labor Solutions serves as your guide regarding effectively engaging in the interactive process, analyzing the options, and documenting all of it to be able to show that the compliance obligations of the employer have been satisfied with due diligence and good faith efforts. Get ahead of the curve. Contact us now to review your disability accommodation policy and procedure before your employee or job applicant requests disability accommodation.  Contact us!   Let’s Find Solutions for Your HR Challenges  California Labor Solutions | Affordable premium HR services  CLS is a specialized HR consulting firm that provides comprehensive, personalized HR outsourcing services to organizations throughout California  CLS services include HR Consulting & Regulatory Compliance, Training & Professional Development, and Workplace Investigations. 

 

 

Why choose California Labor Solutions?    

California Labor Solutions (CLS) is one of the only HR firms licensed* to conduct workplace investigations in California. We serve private businesses and public-sector organizations throughout the state. We have conducted hundreds of neutral, objective, and unbiased workplace investigations for employee complaints relating to allegations of discrimination, harassment, retaliation, and various types of employee misconduct with the utmost quality, detail, and efficiency.

*California Private Investigator License Number 26311.  

 

Disclaimer:

Please note that the updates, advisories, and regulations we receive from the promulgating agency often contain ambiguities and/or are often amended, modified, or updated. This material/article/email does not contain any legal advice. The information and opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication at the time the opinion is expressed and is, therefore, subject to change based on further developments. The effect of the opinions expressed may be different based on your particular circumstances, and it is recommended that you not rely upon these general opinions prior to obtaining a consultation with your legal and/or financial advisors.