Finding employment in the world today can feel like a daunting task. This can be true even more so for those who are differently abled. Federal regulations exist to ease some of this stress, but holding employers accountable can be difficult in practice. The Armstrong Law Firm is here to support you. We believe in everyone’s right to obtain and retain jobs for which they are qualified, regardless of ability. If you are having trouble obtaining a job you are qualified for due to your disability, you can count on the support of a San Francisco disability discrimination attorney.
Protections From Disability Discrimination
As an individual with a disability, it’s crucial to understand your rights and the protections available to you. Disability discrimination is illegal on a federal level per the Americans with Disabilities Act. In recent years, the state of California passed the Fair Employment and Housing Act (FEHA), which provides additional protection for employment and housing. Most notably, FEHA provides broader coverage than the ADA, empowering you with more rights and protections.
One of the most supportive ways this legislation supports Americans with disabilities is by requiring reasonable accommodations. This aims to ensure that people have opportunities available to them when these small adjustments could solve the only barriers. According to the California Civil Rights Department, some of these reasonable accommodations can include:
- Adjusting job duties
- Relocation of the work area
- Providing leave for medical care
- Providing mechanical or electrical supports
Accommodations in the Hiring Process
You may ask for these accommodations at any point in your hiring or employment process. The California Civil Rights Department indicates that when these accommodations are requested, the employer is obligated to engage in an interactive process to determine how the employee’s needs may be best met and whether that is reasonable for the employer. You may do this at any time while interviewing, though an attorney may advise you to wait until further into the process before requesting the accommodations. This may be advised for documentation purposes.
Some exceptions to reasonable accommodations are if the accommodations would cause undue hardship on the employer. An employer may cite undue hardship issues such as the fact that the accommodations may affect the functional capacity of the facility or the company is financially unable to support the needs. When an employer engages in the interactive process to determine accommodations, it should provide opportunities to resolve any reasonable barriers to providing these accommodations.
If, while navigating the hiring process, you find that the employer or potential employer does not seem to be engaging in good faith, it may be time to seek help from a San Francisco employment lawyer. You have state and federal rights to a job for which you are otherwise qualified. If you are able to complete it with reasonable accommodations, the employer is required to make a good-faith effort to meet those needs. If they are not making a collaborative effort to work within both parties’ means, they may be violating the California Fair Employment and Housing Act.