Disability discrimination is often more subtle than other forms of discrimination. A worker may not face a hostile work environment or other overt misconduct. Instead, the company may engage in more subtle discrimination by refusing to support the worker.
Individuals with disabling medical conditions may require reasonable accommodations to perform their jobs. Accommodations ranging from a change of job functions to assistive technology can help those with medical challenges do their jobs safely and effectively. Disability discrimination often involves a company refusing to provide accommodations that might allow a worker to take a position or continue working at the company after developing a medical issue.
In a few circumstances, the refusal to accommodate a worker may not be discrimination. Most other times, accommodation refusals might constitute discrimination. When can employers justify a refusal to accommodate workers?
When a company is quite small
The Americans with Disabilities Act (ADA) helps ensure that those with medical challenges can participate in public life. The ADA requires that employers offer reasonable accommodations to workers with documented medical conditions. However, the ADA only applies to companies with 15 or more employees. Thankfully, California has expanded on the ADA by implementing the California Fair Employment and Housing Act. Under California law, employers can only justify refusing accommodations based on business size when the company has fewer than five employees.
When the accommodations create hardship
There are exceptions to accommodation requests. If they might affect business operations negatively or impose unreasonable financial challenges for the employer, then the company could potentially refuse accommodation requests. The employer has to prove that the request creates an undue hardship for the company. If the company cannot meet the worker’s needs without undue hardship, the organization can decline the accommodation request without violating the law.
Unless one of those two circumstances applies, employers in California generally need to offer medically necessary accommodations to help their employees thrive despite their medical limitations. Learning more about the rules that apply to disability accommodation claims can help workers better evaluate their circumstances. If an employer has unfairly discriminated against a worker because of their medical condition, an employee may have grounds to take legal action against the company.