You have the right to ask your employer for a reasonable accommodation to manage your disability. While true, they can reject your request, provided they follow specific standards in California.
A rejection can feel devastating, leaving you frustrated and unsure of your future. However, your employer’s refusal is not the end of the line. As an employee with a disability, your rights are robust, and an employer has a high legal bar to clear before they can lawfully deny you.
Defining undue hardship
To comply wiith the Fair Employment and Housing Act (FEHA), employers must provide reasonable accommodations to employees with disabilities. These can include:
- Approving leave for medical care
- Accommodating work schedule changes
- Providing job-related work aids
- Relocating the workstation to an area with better accessibility
However, employers have the right to deny your request for accommodation if it would cause an undue hardship, which means significant difficulty or expense. Your employer must provide evidence that your request would fundamentally alter their operations or bankrupt the company.
Recognizing the red flags
An employer’s denial can be unlawful if it involves any of these circumstances:
- Your employer refuses to discuss the denial in detail through an interactive process.
- Your employer provides vague claims of disruption and cost without documented proof.
- Your employer enforces a blanket policy without individually considering your condition.
If your employer shuts down your request with these factors, their actions constitute disability discrimination.
A way to move forward
You have the right to challenge your employer’s attempts to use undue hardship as a pretext for discrimination. The sense of injustice you feel is valid, but do not let their refusal make you accept unfair treatment. A skilled employment law attorney can provide guidance in the legal process of contesting your employer’s decision and ensure that your rights under FEHA are protected.