Selecting The Right Attorney Is Important

When is it legal for a company to deny a worker accommodations?

On Behalf of | Jun 15, 2024 | Failure To Accommodate / ADA

Many workers who have noteworthy medical challenges are capable of performing skilled and well-paid jobs. They may simply require a support from a business to perform their jobs safely and effectively. There are federal laws that protect the rights of workers with disabling medical conditions. California also has its own rules about disability accommodations. Employers generally should provide reasonable forms of support that allow workers to do their jobs safely and effectively despite their medical challenges.

Some employees in California find themselves in an untenable situation in which an employer denies them accommodations. A refusal to provide disability accommodations may sometimes constitute discrimination. Only a few circumstances might justify the decision to deny a worker medical accommodations on the job. When can companies lawfully decline to provide a worker with support?

When the business is relatively small

The Americans with Disabilities Act (ADA) requires that businesses with 15 or more workers provide appropriate support for employees who have medical challenges. The California Fair Employment and Housing Act actually increases the number of businesses that must work with employees who have medical limitations. Specifically, disability combinations are necessary for any business with five or more employees under California law. Only very small companies can use their size as an excuse to deny a worker accommodations.

When the accommodations are costly

Sometimes, a worker needs forms of support that even a relatively successful business might struggle to provide. Perhaps they need very expensive equipment or major modifications to the company’s facilities to do their work safely. Employers can sometimes deny accommodation requests by proving that the request creates an undue hardship for the business. Massive expenses, major disruptions to daily operations and other significant challenges might justify the decision to decline a worker’s request for disability accommodations.

Workers who have requested reasonable forms of support, and who work for companies with at least five or more employees, may have grounds to claim that they experienced discrimination when an employer refused to provide accommodations. Holding a company accountable could help someone retain their job and might even lead to financial compensation for the unfair treatment they have experienced at work.