Reasonable Accommodation and Employee Discrimination By Gregory Thyberg on June 01, 2018

Discussing reasonable accommodation with a physically disabled employeeReasonable accommodation refers to various changes to your work arrangement in order to address health and wellness matters. This could take the form of assistance from other workers or modifications to normal job duties. These accommodations may involve various physical and mental health matters as well as physical disabilities.

So long as the accommodations due not result in an undue burden on the employer, these changes are considered reasonable. Yet there are times that Sacramento, CA companies engage in disability discrimination over reasonable accommodation at the workplace. Let’s take a moment to consider examples of reasonable accommodation and how employers may violate an employee’s legal protections.

Reasonable Accommodation for Physical Disability

If you are disabled, your workplace should be able to make accommodations for you based on your disability so that you may perform your job. This could mean having desks and work stations designed for wheelchair accessibility, modified hours if you have regular doctor visits to address your medical needs, or screen magnifiers and assistive devices to help with reading print on screens.

Reasonable Accommodation for Mental Health Matters

Mental health issues can also be accommodated by employers, whether it’s depression and anxiety or PTSD. Given the pervasiveness of mental health problems in this country, accommodations tend to be common and easy to make. For instance, hours can be modified for regular counseling or therapy sessions. Some employers may allow employees to work remotely on days where mental health problems are particularly difficult.

Reasonable Accommodation After Childbirth

Getting back into work after having a child can take time, which is why mothers may request reasonable accommodations upon returning to work. These accommodations could involve modified work hours to help with day care and child care needs, assistance with lifting or reaching for certain objects until a woman returns to full strength, and so forth. Jobs can also allow an expectant mother to delegate duties before going on maternity leave.

Discrimination Against People Who Require Reasonable Accommodation

While most employers are eager to provide their employees with accommodations, some companies may not be so kind. In these cases, employers may attempt to short their employee on hours, prevent the employee from being promoted, or not give the employee a raise they are entitled to.

Harassment of People Who Require Reasonable Accommodation

In addition to discrimination, people who require reasonable accommodation may be targets of harassment. This may be insults and derogatory comments from supervisors, or gossip and snide remarks from co-workers. None of this is acceptable, and is another form of workplace discrimination that cannot be tolerated.

Potential Wrongful Termination Due to Accommodations at Work

In the most egregious cases of employee discrimination, a worker may be fired because of their disability or workplace requirements. These acts of wrongful termination violate the Americans with Disabilities Act (ADA) as well as other legal protections for people who simply want to do their job to the best of their ability.

If you have been discriminated against, harassed, or fired because of disputes over reasonable accommodation, a workplace law attorney can help you.

Learn More About Your Legal Protections

For more information about your legal rights and protections following an act of discrimination while on the job, be sure to contact an experienced workplace discrimination attorney. The team at our law firm will help you in your time of legal need.

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Thyberg Law

Since 1981, Gregory A. Thyberg has been providing legal services to clients throughout Sacramento. With a focus on employment law, he can help you find a solution when facing discrimination, harassment, or other workplace injustices. Mr. Thyberg is affiliated with organizations like the:

  • California Bar Association
  • San Francisco Trial Lawyer’s Association

If you're experiencing unlawful discrimination in the workplace, request a consultation with Mr. Thyberg or call (916) 204-9173.

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