Oakland Accident Attorneys - Bay Area Accident Law Attorneys Based in Oakland

	reasonable accommodation It is fundamental public policy of the state of California that employees with physical and mental disabilities be permitted to seek, obtain, and hold employment without discrimination. With very limited exceptions, it is unlawful for an employer to refuse to provide "reasonable accommodation" that would permit an employee with disabilities to perform the essential functions of his or her job. What is reasonable accommodation? "Reasonable accommodation" means making changes that permit individuals with disabilities to perform the essential functions of their job. Reasonable accommodations can include such things as job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, transfer to a vacant position, and extended medical leave. Practical suggestions about requesting reasonable accommodations can be found on this website in the article "Know Your Rights to Reasonable Accommodations." Notifying your employer Notice to your employer regarding your disability is key to ensure you receive reasonable accommodation. Your employer’s obligation to accommodate you does not begin until it has notice of your disability. Knowledge of a specific diagnosis is not required; but your employer must have notice you are having difficulty performing work because of a disability. If you are an individual with a disability who is having difficulty performing your job because of that disability, you should explicitly request accommodation for your disability in writing. Employer’s role Once your employer has notice that you have a disability, it is obligated to enter into a timely, good faith interactive process with you to determine if there are reasonable accommodations that would permit you to perform the essential functions of your job. As an employee, you also have a duty to work with your employer to identify potential accommodations. Your employer does not always have to provide the accommodation you request. It can, instead, provide alternate, effective accommodations. Your employer can refuse to provide an accommodation if it would result in an undue hardship to the employer. "Undue hardship" means an action requiring significant difficulty or expense when considered in light of such factors as the nature and cost of the accommodation, the overall resources of the employer, and the impact providing the accommodation in question would have on these resources. In most instances, it would be appropriate to look at the resources of the entire company, rather than just one department, to determine if a requested accommodation would result in an undue hardship. Attend a reasonable accommodations workshop to learn more If you want more information about how to seek reasonable accommodations from your employer, you may attend our free Reasonable Accommodations Workshop, held at our downtown Oakland office. We provide legal information and strategic advice to empower you to be your own best advocate in seeking reasonable accommodation. Space in the workshop is limited. If you are interested in attending the next workshop, please telephone our office at (510) 835-8870. The employment law practice group of Boxer & Gerson has extensive experience in the area of disability discrimination, including situations where employees have suffered job loss, physical injury or significant loss of income because an employer has failed to provide reasonable accommodations. If your employer has refused your request for reasonable accommodation and you have lost your job, missed significant time from work, or suffered physical injury due to the lack of accommodations, please call us at 510-835-8870 or click here to complete our contact form.