- In your own assessment, if the employer were to provide the accommodation you needed, would it be so excessively expensive or disruptive to the operations of the Company that accommodation would be an “undue hardship” upon the company? [Keep in mind the law anticipates “hardship” on the employer, and the burden in California law is on the employer to prove the hardship is “undue hardship.”
If “no,” proceed to the next question.
- If the proposed accommodation were provided, could you then perform the essential functions of your job with the accommodation?
[An “essential function” is usually one that is both part of the job description and that is inseparable from the usual and regular performance of the work – for example, an essential function of a surgeon or concert pianist might be the use of the fingers for precise, rapid movements. In contrast, if a person often using a keyboard developed carpel tunnel syndrome, a voice recognition and transcription program would not be “an undue hardship” on the employer. The employer would also be required to accommodate the employee’s learning time to become proficient with the application.]
If “yes,” proceed to the next question.
- Did the employer provide adequate disability accommodations?
If “No,” proceed to the next question.
- As a result of the denial of adequate accommodation, did you experience either financial losses or emotional injury?
If “Yes,” then we invite you to contact Frank Pray, Employment Attorney, or CALL 949-251-1006 to receive an in-depth evaluation of your case.