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Limits to reasonable accommodation requirements

| Aug 5, 2019 | Workplace Discrimination |

At the Law Office of Jeffrey D. Fulton, we know that, as a worker with a disability in California, it can sometimes be difficult for you to gain the support you need from your employer to do your job. Nevertheless, the law is on your side. The Americans with Disabilities Act has been in effect for nearly 30 years now and requires that your employer make reasonable accommodations to allow you to perform your work duties on an equal footing with your nondisabled coworkers. 

However, according to the U.S. Equal Opportunity Employment Commission, there are limits to your employer’s requirement to provide reasonable accommodation. For example, while your employer may ask for your input regarding what sort of accommodation you would prefer, he or she need not necessarily provide the specific accommodation you request. The employer has the discretion to choose the accommodation that he or she prefers in a situation in which more than one accommodation would suffice. 

Your employer cannot refuse to make a reasonable accommodation merely on the grounds that it involves some cost. Nevertheless, if your employer can demonstrate that the accommodation would impose an undue hardship due to the expense or difficulty of providing it, the law exempts him or her from making the accommodation. When determining whether an accommodation would place an undue hardship on an employer, the court will consider a number of factors, including the company’s needs, size and financial resources. More information about what constitutes workplace discrimination on the basis of disability is available on our website.