Introduction
While the Americans with Disabilities Act (ADA) is the federal law most often cited when discussing workplace accommodations, California employees are primarily protected by the Fair Employment and Housing Act (FEHA). Both laws aim to prevent discrimination against employees with disabilities, but FEHA typically offers broader protections and is the primary legal standard in California.
Understanding FEHA vs. ADA
The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, as long as it does not impose an “undue hardship” on the employer. Reasonable accommodations can range from adjusting work schedules to providing assistive devices. While the ADA sets a national baseline for protections, FEHA expands on these rights and applies to employers with five or more employees, unlike the ADA’s 15-employee threshold.
FEHA offers stronger protections by defining “disability” more broadly than the ADA. In California, both mental and physical disabilities are covered, and even temporary or recurring impairments may qualify an employee for accommodations under FEHA. For example, conditions like pregnancy-related complications or short-term illnesses may be recognized under FEHA even if they do not meet the ADA’s definition of disability.
Employee Rights Under FEHA
FEHA mandates that employers engage in an “interactive process” with employees to determine the appropriate reasonable accommodation. This is a key distinction from the ADA and highlights the cooperative nature expected between employers and employees in California. The interactive process is designed to be an open dialogue to find a mutually agreeable solution that enables the employee to perform the essential functions of their job.
Common accommodations under FEHA may include:
- Modifying work schedules
- Offering flexible work hours or remote work
- Reassigning job responsibilities
- Providing assistive technologies or tools
Employees in California are also protected against retaliation for requesting accommodations. It is illegal for employers to demote, terminate, or otherwise penalize an employee for seeking accommodations under FEHA.
To learn more about filing a discrimination complaint, visit our blog on Understanding Your Rights in cases of Workplace Discrimination.
The Interactive Process
In California, the interactive process is a legal obligation and failure to engage in this process can itself lead to liability for the employer. This process should involve several steps:
- Initial Request: The employee requests an accommodation or discloses a need for one.
- Evaluation: The employer assesses the employee’s condition, often with the help of medical documentation, to determine the appropriate accommodations.
- Communication: The employer and employee discuss the available options to find a reasonable accommodation that does not create undue hardship for the business.
What Constitutes Undue Hardship?
FEHA defines undue hardship as an action requiring significant difficulty or expense for the employer, taking into account the business’s size, financial resources, and the nature of the accommodation. However, proving undue hardship under FEHA is often more challenging for employers than under the ADA.
Know Your Rights
If you believe your rights to reasonable accommodations under FEHA have been violated, it’s important to act swiftly. This may include filing a complaint with California’s Department of Fair Employment and Housing (DFEH) or pursuing legal action.
The experienced employment lawyers at Rothschild & Alwill, APC can advise you on how to prevent and/or handle a potential discrimination claim involving accommodations. Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.
Seek Legal Action
Legal counsel can help you understand your rights, available options, and advise you on gathering the necessary documents and witnesses to support your claim.
Since 2001, the attorneys from Rothschild & Alwill, APC have dedicated themselves to workers needing legal assistance. Our experienced labor and employment lawyers can advise you on any potential legal claims. You deserve sound judgment, hard work, skilled representation, and to be treated with dignity during every step of the process.
Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.
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Do Employees Need to Sign the Workplace Violence Prevention Plan?
One common question employers have is whether employees need to sign the workplace violence prevention plan. While there is no explicit requirement in the California workplace violence prevention plan that employees must sign the plan itself, it is highly recommended that employees acknowledge their understanding of the plan through a signature. This can be done by signing a separate acknowledgment form that indicates they have received, read, and understood the plan.
How Often Must the Workplace Violence Prevention Plan Be Reviewed?
The California workplace violence prevention plan requires that the WVPP be reviewed regularly to ensure its effectiveness and relevance. The plan must be reviewed and updated at least once a year, or more frequently if there are significant changes in the workplace environment or if an incident occurs. Regular reviews allow employers to address new risks, update procedures, and ensure that employees are informed about any changes to the plan.
Conclusion
In today’s workplace, having a robust Workplace Violence Prevention Plan is not just a regulatory requirement but a critical component of creating a safe and supportive environment for all employees. The California workplace violence prevention plan provides clear guidelines to help employers develop and maintain an effective WVPP. By conducting regular risk assessments, providing ongoing employee training, and ensuring that the plan is reviewed and acknowledged by all employees, employers can significantly reduce the risk of workplace violence and create a safer workplace for everyone.
The skilled employment law lawyers at Rothschild & Alwill, APC handling all stages of representation for both employees and employers. Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.