Every employee should know the two terms: reasonable accommodation and engaging in the interactive process. Both terms refer to when an employer takes adverse employment action against an employee. Imagine that you were in a car accident (and this happened OUTSIDE of work) and severely injured your leg. We would discuss workers’ compensation if you were injured on the job. But if you took a medical leave of absence because you had surgery and needed time to recover, what happens when your employer fires you because of it?
Although we will primarily focus on terminations today, it is essential to note that adverse actions also pertain to demotions, a loss of pay—anything that is a negative result because of a medical issue you face. Disabilities are defined as any physical or mental condition that interferes with a major life activity, and this also extends to working.
What Can Your Employer Do For You If You Are Injured?
Returning to the scenario where you injured your leg outside of work, you may return to the office and have restrictions. For instance, it may be difficult for you to get up the stairs that lead up to the front door of the building. Asking for a simple wooden ramp to help you get inside would be an example of a reasonable accommodation. If you worked on the third floor, asking the building to install an elevator would likely be unreasonable.
Maybe they tell you they can’t install a wooden ramp for another month (just for argument), and they can’t ever get an elevator in the building. There are several other ways in which your employer can reasonably accommodate you. This back-and-forth to find a viable solution is known as the interactive process. Once you tell your employer that you have a condition that imposes a restriction (anything that inhibits your ability to perform the essential duties of your job), they must find ways to accommodate your issue. They may suggest that you work from home until your leg is healed because they can’t build a ramp. They may offer to put the ramp in and then move you to the first floor so you don’t have to walk up the stairs.
What Constitutes a Reasonable Accommodation?
A reasonable accommodation refers to a change or adaptation in the workplace that helps a disabled employee carry out essential job duties or access the same opportunities. The Americans with Disabilities Act (ADA) requires employers to offer these accommodations unless doing so would lead to undue hardship, which is defined as significant cost or difficulty. Examples include:
- Flexible work schedules
- Modified equipment or workspace (e.g., ergonomic chairs or ramps)
- Assistive technology (e.g., screen readers)
- Job reassignment
- Additional unpaid leave
If you want more clarity about your specific injury, visit the Job Accommodation Network (JAN). It is an excellent resource that allows you to search by disability or restriction. After you find the one that pertains to you, you will see suggestions for reasonable accommodations. In California, a medical leave of absence is one.
Protect Your Rights As An Employee
In next month’s blog, we will discuss how you can’t be discriminated against because of a medical condition, slightly different from other forms of discrimination. However, if you have been injured, your employer won’t make accommodations or engage in the interactive process, contact our office for a free consultation. Rely on our compassion and empathy, and let us protect your rights.
Leonard Sansanowicz
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