Know your rights as an employee with a disability
On behalf of The Kaufman Law Firm posted in Employee Rights on Tuesday, September 30, 2014.

If you have a disability, there may be some things that you find harder to do than other people. However, this does not mean you are any less willing to do them or capable of doing them well. This includes finding employment. Just because you have a disability, this does not mean you are not entitled to work. In fact, in many cases, employers in California are obliged to cater to your disability.

However, as is explained on the California Bar website, there are some conditions that must be fulfilled in order for these rulings to apply. These include the following:

  • You must be able and qualified to attend to the essential functions of the position, whether or not this requires reasonable accommodation.
  • Your condition must not be one that could significantly endanger you or anyone else.
  • You must meet any training or production standards your employer has in place.
  • Your employer must have at least five people in his or her employ.
  • Your disability, whether mental or physical, places limitations on at least one major life activity.

If these conditions apply, your employer may be required to accommodate you. However, these accommodations must be within reason. That is, they cannot be too difficult or expensive to implement for the business in question. If it is deemed that the necessary accommodations would cause undue hardship for the business, your employer might not have to carry them out.

It can be difficult to determine your rights in such situations, but it is vital to confront employers if you feel they are acting unfairly. As we saw in a previous article, you may even be able to acquire compensation for your mistreatment. An attorney can help you to understand your options and support you as you pursue a fair resolution to the situation.

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