San Francisco Reasonable Accommodation Lawyer

San Francisco Reasonable Accommodation Attorney

Whether you work in the Financial District or the Mission District of San Francisco, you have the legal right to expect reasonable accommodations if you are disabled or pregnant. Unfortunately, not all employers respect those rights. If you were denied your request for your modified work schedule, ergonomic workstation, or other accommodation, you can work with a San Francisco reasonable accommodation lawyer to protect your rights.

Why Choose Clark Employment Law?

No employee should struggle to perform their job due to an employer’s failure to provide reasonable accommodations. Clark Employment Law, APC, advocates for workers in San Francisco whose rights have been violated under state and federal disability laws.

Employers have a legal obligation to engage in the interactive process and provide accommodations unless doing so would create an undue hardship. We are committed to ensuring that employees receive the support they need to thrive in the workplace. Our firm operates on a contingency fee basis, meaning you do not pay legal fees unless we secure a favorable settlement or court verdict.

Understanding Your Right to Reasonable Accommodations in the Workplace

San Francisco’s natural topography makes it a challenge for individuals who use wheelchairs or have mobility impairments. Nob Hill, for example, is known for its steep streets. While those barriers are a fact of life in San Francisco, employers are required to provide reasonable accommodations for workers.

Workers who are pregnant, disabled, or have a serious medical condition have the right to access reasonable accommodations under state and federal law. Common examples of reasonable accommodations include adjusted workstations, remote work options, or modified schedules unless the employer can prove the accommodations create an undue hardship.

If the employer refuses to accommodate a reasonable request, they could be in violation of the Fair Employment and Housing Act (FEHA) or the Americans with Disabilities Act (ADA). The first step when protecting your rights is to understand these protections and how to file complaints with the help of a workers’ rights attorney.

Employer Requirements for Engaging in the Accommodations Process

Whether an employee works at a large corporation like Salesforce or a small business in the Mission District, employers must engage in the interactive process when a reasonable accommodation request is made. This process requires both parties to discuss the employee’s needs and explore possible solutions.

For example, someone who works at Salesforce Tower and has a medical condition might request a hybrid work schedule that allows them to manage their health needs while fulfilling their job responsibilities. That type of request would have to be carefully considered by the employer.

An employer cannot simply deny or ignore a request. If that employee takes legal action, the employer’s response and how they handled the request could directly impact the outcome of an employment law violation complaint.

What Can I Do if My Employer Denies My Accommodation Request?

If your employer denies your request for reasonable accommodations, you have the right to challenge that decision. An important first step is to document their response by saving emails, HR communications, performance evaluations, and other forms of evidence. It can help to take clear and detailed notes so you remember important details about the incidents. The notes can also provide additional evidence to strengthen your case.

Remember, an employer must provide a legitimate reason for denying your accommodation request. They must put in writing the reason why accommodating your request is unfeasible. If they do not provide any reason or an insufficient reason, you can take the next step by contacting an attorney to learn about your options.

Before you can take legal action against your employer, you will likely be required to file an administrative complaint with the California Civil Rights Department (CRD) or EEOC. These agencies may compel your employer to provide remedies that could include back pay, reinstatement, or compensation for the emotional distress you suffered.

FAQs

Q: What Is the Average Cost of Reasonable Accommodation?

A: The cost of a reasonable accommodation in San Francisco varies depending on the type of modification or adjustment needed. Many accommodations, such as flexible scheduling or remote work, cost little to nothing.

Physical modifications like installing ramps or adaptive equipment may involve higher costs. Under ADA and California employment law, employers and housing providers must provide accommodations unless it causes undue hardship.

Q: What Is Considered a Reasonable Accommodation in California?

A: A reasonable accommodation is a modification or adjustment that allows an individual with a disability to perform job duties, access housing, or use public services. Examples include modified work schedules, assistive technology, wheelchair accessibility, or job restructuring. Employers and landlords must engage in an interactive process to determine reasonable accommodations, as required under the FEHA and the ADA.

Q: Who Would Not Be Entitled to a Reasonable Accommodation?

A: Individuals who do not have a qualifying disability under the ADA or FEHA are not entitled to reasonable accommodations. Additionally, if an accommodation poses an undue hardship, meaning it is excessively costly, disrupts business operations, or fundamentally alters a service, it may not be required. Employees who cannot perform essential job functions, even with accommodations, may also not be eligible.

Q: Can My Employer Deny My Reasonable Accommodation Request?

A: Your employer can deny your reasonable accommodation if it imposes an undue hardship, significantly disrupts operations, or is not necessary for a disability-related need. However, they must engage in an interactive process with you before issuing a denial. Any denial should be well-documented, comply with California and federal laws, and avoid discriminatory practices to prevent legal liability.

Schedule Your San Francisco Reasonable Accommodation Consultation Today

No one should have to endure the challenges of not receiving reasonable accommodations at work. If your request for accommodations was denied or ignored without reason, seeking legal guidance is an important first step for holding your employer accountable. Our experienced employment lawyer can assess your case, explain your legal options, and guide you through the process of securing the accommodations you are entitled to.

At Clark Employment Law, APC, we offer our services on a contingency basis, and our initial consultations are always free. Contact our office today to schedule your consultation so we can work together to secure the accommodations you deserve.