See also:  CA Dept. of Fair Employment & Housing — Reasonable Accommodation

What is reasonable accommodation?

A reasonable accommodation is any adjustment made to a job and/or work environment which enables a qualified person with a disability to perform the essential duties of his or her position.

What is an “essential function”?

An “essential function” is a task a person performs that is necessary to his or her job.

Who qualifies for a for reasonable accommodation?

A person with a disability who has a physical or mental impairment or medical condition which limits one or more of that person’s major life activities.

What is a “major life activity”?

Major life activities can be almost anything that affects a person’s ability to work or is related to normal life activities. The Government Code states that the term “major life activity” shall be broadly construed and includes physical, mental, and social activities and working.

How is my department supposed to respond to my request for a reasonable accommodation?

Departments are supposed to review requests on a case by case basis to determine if the department can accommodate a person. Departments are also required to engage in an interactive process with an employee who has requested a reasonable accommodation. Undue hardship and direct threat are the only legitimate reasons for denying a reasonable accommodation.

What is the interactive process?

This is the process by which the employee and the department discuss various options to accommodate a qualified person with a disability. If what is originally requested by the employee and his physician is not feasible to the department, the department and employee must discuss other viable options. It also means that the department may need to seek clarification of the employee’s request with the employee and/or his or her doctor.

What is an undue hardship?

An undue hardship is anything that a department must do or purchase that would be significantly difficult or expensive.

What are some examples of reasonable accommodations?

Some examples include, but are not limited to: making facilities accessible for persons with disabilities; job restructuring such as part-time work, modified work, or reassignment; electric scooter use; use of an ergonomic chair, desk and other office equipment.

What laws govern reasonable accommodation?

The Fair Employment and Housing Act (FEHA) in the California Government Code and the Americans with Disabilities Act (ADA).

How do I request a reasonable accommodation?

Each department tends to do this differently. You should first check your department’s intranet site to review the department’s reasonable accommodation policy and to see if they have a standard form that you need to have your doctor fill out and return to your department (either to your supervisor or to personnel). Information from your doctor is generally required to obtain a reasonable accommodation. Please note that the doctor does not need to provide a diagnosis or a description of your medical condition for which reasonable accommodation is needed. The doctor should provide a specific description of the accommodation such as: no sitting for longer than 20 minutes; no keyboarding for more than one hour at a time; a 5 minute break from the computer every hour; an ergonomic computer/workstation; a 20 hour week work schedule. Please note that these are only examples. Please speak with your doctor about any particular accommodation for your situation.)

What are the timelines for a response to a reasonable accommodation request?

When an employee submits a request for reasonable accommodation the department must respond within 20 days. Should the department fail to respond by the 20th day the request is deemed denied and the employee has the right to file a denial of reasonable accommodation appeal with the State Personnel Board. Should the department respond within 20 days that an employee’s request is denied, the employee has a right to file an appeal with the State Personnel Board within 30 days from the date of denial.

How can CASE assist me with reasonable accommodation issues?

CASE is available to consult with you prior to your taking any action. Should you so desire, CASE may also assist you with the interactive process. In the event you should file an appeal with the State Personnel Board, you may request CASE to represent you.