Employers are experiencing a sharp increase in requests from employees and applicants for workplace accommodations because of a physical or mental disability. There are a myriad of laws and regulations that govern an employer’s duties and obligations when it receives a request for workplace accommodations or knows of an employee in need of workplace accommodations, even if the employee has not requested it. If the employer fails to comply with these laws, it may be found liable for workplace discrimination based on a disability.
How To Handle Accommodation Requests
If you have an employee who has requested accommodations or you believe may need workplace accommodations, DO NOT IGNORE IT. Consult with the knowledgeable attorneys at Branfman Mayfield Bustarde Reichenthal, LLP to help guide you through the process. There is a procedure and analysis that every employer must undertake and it is vital that the employer engage in the process in good faith in order to avoid liability.
If during the interactive process, you recognize that the employee does need accommodations and there is a way for you to provide those accommodations, you are legally required for you to provide those accommodations unless the employer can demonstrate that such an accommodation would produce undue hardship to its operation. The attorneys at Branfman Mayfield Bustarde Reichenthal, LLP will help you carefully examine requests for reasonable accommodation and evaluate those requests, in conjunction with the teamwork approach in the interactive process, to identify available, effective accommodations.
Branfman Mayfield Bustarde Reichenthal, LLP considers itself part of your team and will advise you on your legal rights, duties and obligations in order to help your business make the best decision to work through the reasonable accommodation process and avoid a lawsuit. If you have an employee who has requested accommodations or believes an employee may need workplace accommodations, please call our attorneys at 858.793.8090 or send us an e-mail for a consultation on your employment law needs.