First, employees should get a doctor’s evaluation first that confirms their disability. The doctor will diagnose and document your medical problem, and the doctor should recommend accommodation to your employer.
Employees should review their company’s HR policies and procedures regarding disability accommodations and follow their processes. Most employers have specific forms, procedures, etc.,on how to make a request. Following their steps. It will help avoid any procedural complications later. It will also safeguard your legal position.
Once you make your request, under California law, your employer must engage in what’s called an “interactive process” – essentially a good faith discussion with you about what accommodations might work you and your employer. This process should be timely and collaborative, with both sides working together to find an effective solution. Your employer may ask questions about your limitations and explore different accommodation options with you. Keep in mind that while your employer must consider your preferred accommodation, they have the right to choose between effective accommodation and may select the less expensive or easier option. Common accommodations include modified work schedules, changes to your workspace, special equipment, reassignment to a vacant position, or unpaid leave for treatment.
Remember that your employer cannot retaliate against you for requesting accommodation, and they must keep any medical information you provide confidential. If your employer fails to engage in this interactive process or denies reasonable accommodation without justification, you should call the Kaufman Law Firm. We have prosecuted many disability discrimination cases for California employees