Both federal regulations and California state statutes require that employers offer reasonable and necessary accommodations to those with disabling medical conditions. Under both the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act, companies with employees located in California must offer reasonable accommodations as necessary.
Occasionally, the requests made by workers are unreasonable. They may be prohibitively expensive or exceptionally disruptive to business operations. What can employers do in scenarios where workers request accommodations that create unusual challenges for a business?
Not all accommodations are mandatory
The law limits the burden imposed on employers by requiring that disability accommodations be both necessary and reasonable. If workers request accommodations without any medical validation, employers can deny those requests. Additionally, employers can deny requests that create undue hardship.
If a worker requests accommodations that could cost the company hundreds of thousands of dollars or significantly disrupt operations, then those accommodations may not be reasonable. In cases where employers believe that a specific request might create undue hardship, proposing alternate accommodations can limit the likelihood of workers taking legal action against the company.
Employers generally need to maintain records of communications about accommodation requests, including any proposals for alternate accommodations. Information about the expenses or disruptions generated by requests can also help reduce the likelihood of a denied accommodation resulting in worker litigation.
Employers often need assistance crafting accommodation policies that comply with state and federal law and support when communicating with workers about a denied request. Partnering with an employment law attorney can make it easier for employers to adhere to the law and minimize controversies that begin with a worker requesting disruptive and costly disability accommodations.