After putting in the time to help your employer grow their business, it can be shocking to learn that your place of work refuses to accommodate your reasonable and lawful request for an ergonomic workstation, modified work schedule, or another accommodation. Following a violation of your workplace rights, you can hire a San Bernardino reasonable accommodation lawyer to hold your employer accountable under the law.
Whether you work at San Bernardino County Government, Loma Linda University Medical Center, or elsewhere in the San Bernardino area, the legal team of employment lawyers at Clark Employment Law, APC, is here to protect your rights. We understand the challenges employees face when dealing with workplace harassment and discrimination.
California law provides strong protections against unfair treatment based on sexual orientation, and our firm is committed to ensuring those rights are upheld and holding employers accountable for their actions. Taking decisive action can help you recover lost wages, secure damages for emotional distress, and prevent further harassment and discrimination in your workplace.
Whether you work for a large employer like Amazon’s San Bernardino Fulfillment Center or San Bernardino Community Hospital, your employer must comply with state and federal laws that protect the rights of workers to request reasonable accommodations.
Employees who are pregnant, disabled, or have medical conditions often require modified work schedules, assistive technology, or ergonomic workspaces. They may also need medical leave from time to time. These types of accommodations are commonly deemed reasonable, and the burden is on employers to prove that they are too costly to accommodate.
Once an employer receives a request for reasonable accommodations, they must engage in an interactive process when determining whether the accommodation is feasible. If the employer refuses to make the accommodation, they may be violating the law.
If you ask your employer to allow a reasonable accommodation and they refuse, you can start by documenting those actions and responses. Save emails and other forms of communication. It can also help to take detailed notes that include dates and details about what transpired. These and other forms of evidence can strengthen your complaint to a government agency.
If your employer fails to approve your request for reasonable accommodation, you have the right to secure legal representation. Having an attorney puts your employer on notice that you mean business. Your lawyer can help you file a complaint with the California Civil Rights Department (CRD) at 455 N. D Street near the San Bernardino County Superior Court.
Having legal representation in San Bernardino can greatly improve your odds of a favorable outcome to your case. An attorney can relieve your stress by taking over talks with your employer or the party that engaged in discrimination. You’ll be protected from workplace retaliation once you secure legal representation and your employer is made aware.
Your attorney can ensure you have a strong case by gathering evidence, speaking to witnesses, and handling the complaint process. Having an attorney also ensures that you receive the forms of relief that you are entitled to, such as back pay, compensation for emotional distress, or reinstatement at your job.
A: The Americans with Disabilities Act (ADA) only covers disabilities that substantially limit major life activities. Disabilities that may not be covered by the ADA include temporary conditions, minor impairments, and conditions that do not significantly impact daily functioning.
For example, short-term injuries, common stress, or conditions that are easily corrected with glasses or medication typically do not receive protection. However, each case is assessed individually based on medical and legal factors.
A: An example of an unreasonable accommodation request is one that fundamentally alters job duties, disrupts business operations, or creates a safety risk. Requesting to be excused from essential job tasks or requesting indefinite leave without a clear return date may not be considered reasonable. Accommodations must allow individuals to perform their duties effectively without imposing undue hardship on the employer.
A: Employers are generally responsible for covering the costs of reasonable accommodations. However, if an accommodation would create significant financial hardship, they may explore alternative solutions or funding options. Employers are encouraged to engage in an interactive process with the individual to find an effective and feasible accommodation while maintaining compliance with legal requirements.
A: A doctor’s letter for a reasonable accommodation typically outlines the patient’s medical condition in general terms, explains how it impacts their ability to work or live in their current environment, and recommends specific accommodations to address those limitations. The letter should be concise, medically supported, and focus on the necessity of the requested accommodation without disclosing unnecessary personal health details.
A: If an employer refuses to provide a reasonable accommodation, they may be violating a state or federal law. Workers who are pregnant or disabled have the right to request reasonable accommodations so they can work without physical discomfort or endangering their health. If your rights have been violated, document your employer’s actions and consider securing legal representation.
Employees in San Bernardino have the right to reasonable accommodations for disabilities, pregnancy, or medical conditions under California and federal law. If your employer has denied your request for modifications, such as an adjusted work schedule, assistive technology, or medical leave, you may have grounds for legal action through the civil courts.
The trial-ready legal team at Clark Employment Law, APC, is committed to protecting employee rights and ensuring workplaces comply with accommodation laws. Contact our office today so we can review your case, answer your questions, and take the next steps toward securing the support you deserve.