Recently, California’s Civil Rights Department (CRD) released a “Disability Accommodations at Work” fact sheet, providing guidance on workplace protections for workers with disabilities, including an employee’s right to request an accommodation due to a disability and an employer’s duty to respond to and evaluate accommodation requests, including through the interactive process. This fact sheet also discusses the steps employers should take when requesting supporting medical documentation, including what types of medical information employers may and may not request. Because this fact sheet is for informational purposes only, it is not mandatory for employers to distribute or display.
State and federal disability laws require employers who know of an individual’s disability to reasonably accommodate that disability, unless the employer can demonstrate that the accommodation would impose an undue hardship. These protections also apply to job applicants, interns and volunteers.
The CRD refers to a reasonable accommodation as “a change that makes it possible for a person with a disability to do their job or advance in their career.” Upon receiving an accommodation request, the employer must start the interactive process, meaning they must meet with the employee to discuss the request. Both the employer and employee must participate in the interactive process in good faith and in a way that does not delay the reasonable accommodation process.
Workplace reasonable accommodations can take many forms. The CRD’s examples include:
- Allowing service animals at worksites, like guide dogs;
- Providing readers or interpreters;
- Transferring employees to different worksites;
- Restructuring job tasks;
- Changing work schedules;
- Adjusting exams, training materials or policies;
- Providing additional training; and
- Allowing an employee to work from home.
An employer may request medical documentation when it does not know about the disability or when the disability is not obvious. According to the CRD, allowable types of medical documentation include:
- Letters or notes from healthcare providers;
- Detailed certification forms;
- Simple certification forms; and
- Medical inquiry forms completed by healthcare providers.
This fact sheet also outlines the limited situations in which an employer can deny an accommodation request, including when the accommodation creates significant difficulty and expense for the employer (known as undue hardship). Before denying an accommodation because of undue hardship, employers should consult with legal counsel.
Vanessa M. Greene, J.D., Employment Law Counsel, CalChamber
CalChamber members can read more about Reasonable Accommodation of Disabilities in the HR library. Not a member? Learn how to power your business with a CalChamber membership.
