Reasonable Accommodation Violations
What are reasonable accommodation violations?
Reasonable accommodation violations in California refer to situations where an employer fails to provide appropriate accommodations to employees with disabilities as required by law. The California Fair Employment and Housing Act (FEHA) mandates that employers engage in an interactive process with employees who have disabilities and make reasonable accommodations to enable them to perform their job duties effectively, unless doing so would create an undue hardship for the employer.
Some examples of reasonable accommodation violations in California may include:
Failure to engage in the interactive process
Employers are required to engage in a good-faith interactive process with employees to determine and implement reasonable accommodations. If an employer refuses to participate in this process or hinders it, it can be considered a violation.
Denial of requested accommodations
If an employee with a disability requests a specific accommodation that is reasonable and would not cause undue hardship to the employer, but the employer denies the request without a valid reason, it can be deemed a violation.
Inadequate or ineffective accommodations
Employers must provide accommodations that effectively address the limitations of the employee's disability. If the accommodations provided are inadequate or do not enable the employee to perform their job duties, it can be considered a violation.
Retaliation for requesting accommodations
If an employer retaliates against an employee for requesting reasonable accommodations, such as demotion, termination, or adverse treatment, it is a violation of their rights.
Failure to provide accessible facilities
Employers have a responsibility to ensure that their workplaces and facilities are accessible to individuals with disabilities. Failure to provide accessible entrances, restrooms, parking, or other necessary facilities can be a violation.
What can I do if I was denied or fired for requesting reasonable accommodations?
It's important to note that the specific circumstances of each case can vary, and the determination of a reasonable accommodation violation depends on the facts and applicable laws. If an employee believes their rights to reasonable accommodations have been violated, consulting with an employment lawyer experienced in disability law can provide guidance on the appropriate course of action and potential legal remedies.
What kind of damages can I recover for having my rights to reasonable accommodations violated?
In reasonable accommodation violation cases in California, employees who succeed in their claims may be entitled to various types of damages. The specific amounts of damages awarded can vary depending on the circumstances of each case. Here are a few examples of damages that an employee may potentially recover:
These damages aim to compensate the employee for any harm or losses they have suffered as a result of the accommodation violation. This can include economic losses, emotional distress, and other related damages.
Back pay and front pay
If an employee has suffered financial losses due to the denial of reasonable accommodations, they may be entitled to back pay, which covers the wages and benefits they would have earned if the accommodations had been provided. In cases where reinstatement is not feasible, front pay may be awarded, which compensates the employee for future earnings they would have received.
In addition to monetary damages, a successful employee may be granted injunctive relief. This can involve court orders requiring the employer to implement and maintain the necessary reasonable accommodations moving forward.
It's important to note that the amounts awarded in damages can vary greatly based on the specific facts and circumstances of each case. Consulting with an employment lawyer who specializes in disability law and reasonable accommodation violations can provide more accurate guidance on potential damages and their potential applicability to a specific situation.