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A Consultation With Gokal Law Group, Inc.FREE CASE EVALUATION

The California Fair Employment and Housing Act (FEHA) protects employment discrimination on the basis of a number of disabilities, including physical, mental, and medical. The FEHA requires employers who employ five or more workers to make “reasonable accommodation” for the known disabilities of applicants and employees to enable them to perform a position’s essential functions, unless doing so would produce undue hardship to the employer’s operations.

Defining Reasonable Accommodation

A reasonable accommodation is implemented in response to a disability an employee may be experiencing. It is is any change to the way a job is done or to the work environment it’s done in that’s executed specifically to enable an otherwise qualified employee to perform his or her essential job functions. The catch: those changes must not create undue hardship for an employer. In other words, reasonable accommodations are changes an employer can make to help an employee work more effectively that do not create an unrealistic standard burden for the employer to meet. 

 

Who Can Request an FEHA Accommodation

Under the Americans with Disabilities Act, the FEHA’s federal counterpart, only certain people are qualified to request a reasonable accommodation. In order to be eligible for a request, an individual must meet the definition of a person with a disability. A person with a “disability” is defined as anyone with “a physical or mental impairment that substantially limits one or more major life activities.” 

 

However, the FEHA provides broader protection than the ADA in certain areas. The FEHA allows for diagnoses that aren’t eligible for disability status under the ADA, including stress, anxiety, arthritis, irritable bowel syndrome, depression, frequent urination, and PTSD. In order to be eligible under the FEHA, an employee must meet one of the following qualifications:

 

 

What is Considered Reasonable?

The key to an FEHA accommodation lies in the word “reasonable.” While employers are expected to address the needs of their employees, that does not necessarily mean there aren’t protections built into the FEHA to ensure that those accommodations don’t get out of hand., An employer does not have to provide an accommodation that would cause an “undue hardship” to the employer. 

 

Undue hardship is defined as a situation where “a specific reasonable accommodation would cause significant difficulty or expense.” This determination depends on factors such as:

 

 

Types of Reasonable Accommodations

Selection of an appropriate accommodation is an individualized process depending on the limitations of the employee’s disability. The FEHA provides a nonexhaustive list of possible accommodations, including:

Contact Gokal Law

Are you qualified to receive a reasonable accommodation pursuant to the FEHA? Contact Jibit Cinar of Gokal Law Group, Inc. Our team specializes in litigation and counseling related to employment and labor law and will diligently represent you in the courts. In short, we will give you the support you need to win your case. The sooner you contact us, the more effective we are at getting you the justice you deserve.

Gokal Law Group is a family firm that treats our clients as if they were our own flesh and blood. We fight for our clients as we would our own children, sisters, brothers, and parents. We are our clients’ Warriors, fighting to bring them justice and right the wrongs they have endured.

Each attorney has a specific practice area for which they are tried, tested, and battle-ready. Each has vast years of experience in their practice area, providing them the knowledge, skills, and vision to fight and win. Learn more about Gokal Law Group.