Reasonable workplace accommodations are changes to your job or workplace that allow you to perform your duties despite a disability or medical condition. This may include modified work schedules, ergonomic equipment or adjustments to your workspace, like a ramp to get into the building.
Under California law, you have the right to reasonable workplace accommodations, but that right is not unlimited. Employers are not legally obligated to provide workplace accommodations if they will endure “undue hardship.” This legal standard refers to a situation where the accommodation would result in substantial difficulty or expense for the employer.
What the law considers
Undue hardship is not about minor inconveniences to employers. Instead, it should present a significant barrier that prevents an employer from providing workplace accommodations, which varies on a case-by-case basis. Some of the legal considerations include:
- The cost of the accommodation
- The size and financial resources of the company
- How the accommodation affects business operations
- Whether it disrupts workplace safety or the ability of other employees to do their jobs
It’s worth noting that “undue hardship” isn’t a blanket excuse for your employer to deny a request for reasonable accommodation. California employers must consider other viable solutions before claiming undue hardship. If your employer claims undue hardship, ask for a clear explanation and explore alternative options.
Know your rights
The law also protects you from any form of employer retaliation for requesting reasonable accommodation. As such, your employer cannot take any adverse actions like firing or demoting you. It is against the law, and you can take legal action against them if it happens to you.
To protect yourself, maintain thorough records of your accommodation request, your employer’s response and all related discussions. Most importantly, seek legal guidance to understand your rights and safeguard your interests.