Seek to help, not just follow the law, with ada claims. A california court of appeal decision expanded the reasonable accommodation duty under state law to employees associated with persons with disabilities. This article provides an overview of the law as it relates reasonable accommodations and disabled employees. Barclays official california code of regulations currentness. Reasonable accommodation can include, but is not limited to, the following. Reasonable accommodation defined under california law. Under the law, state agencies must provide ra to qualified employees or. The california fair employment and housing act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. Reasonable accommodations in the workplace bohm law group. Court expands californias reasonable accommodation duty. California law requires employers to engage in an interactive process when a request for reasonable accommodation is made. Top 10 mistakes to avoid during the reasonable accommodation. How to handle california feha reasonable accommodation.
Reasonable accommodation ra is a logical adjustment made to a job andor the. It is also the policy of the state that a department, agency and commission will make a reasonable accommodation for. The laws also require employers, housing providers and business establishments to make reasonable accommodations so that people with disabilities can perform. By definition, a reasonable accommodation is any modification or adjustment to. Effective january 1, 2001, californias fair employment and housing act feha. An accommodation is reasonable when changes are made so that the employee with disabilities can perform the essential functions of the job, unless the. By requiring many employers to accommodate their employees disability, the law protects the dignity and livelihood of workers. Disability discrimination laws do not require employers to make any modifications or adjustments to a job or policy that the employer can show would fundamentally alter the essential functions of the job in question. An employer is permitted to discriminate or fire an. The ra shall not include altering essential job functions or creating positions that do not exist. Reasonable accommodation ra is a logical adjustment made to a job andor the work environment that enables a qualified disabled person to perform the essential functions of that position. The california fair employment and housing act requires employers of five or more.
Plus, the definition of a disability is broader under californias feha. Employees must be able to perform their essential job functions with the accommodation. The california fair employment and housing act feha, the unruh civil rights act, and the disabled persons act are state laws that protect people from discrimination based on disability. Importantly, these rules also protect job applicants.
Most businesses in california have a duty to provide reasonable accommodations for their employees with known disabilities, unless doing so would cause the employer an undue hardship. If you are covered by these laws, they will protect your right to reasonable accommodations. Discrimination laws regarding people with disabilities dfeh. Reasonable accommodations are also necessary to ensure that california employers do not discriminate against employees who have medical conditions, whether mental or physical.
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