California Reasonable Accommodation Rules and How to Comply

Employers need to be aware of recent changes to the Department of Fair Employment and Housing (DFEH) California Fair Employment and Housing Act which requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship.

These “reasonable” accommodation might include:

• Changing job duties
• Providing leave for medical care
• Changing work schedules
• Relocating the work area
• Providing mechanical or electrical aids

Employers with 50 or more employees may also be subject to FMLA laws where employees would be allowed unpaid leave as well.

If an employee makes a request for accommodation, employers must initiate an “interactive process” designed to determine the needs of the employee and the employer’s capacity to accommodate those needs. Here is the critical part – the employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation.

In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation.

The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation.

Make sure your managers and supervisors are aware of this new requirement. The gray area is with the word “awareness” and needs to be understood in the strictest sense of the term. Should a manager or employee observe, or hear or learn through some third party source, the obligation to act upon the knowledge and begin the interactive process, regardless if an accommodation request has been made.

If you become aware of an employee physical or mental disability or injury, please contact Infinium HR right away so we can discuss a plan to engage the employee. We’re here to help so don’t hesitate to contact us immediately.