The job application and interview process can be daunting, especially for individuals with disabilities. The right to reasonable accommodations for a mental or physical disability applies to both employees and job applicants. The first step in being able to assert your rights is understanding them. In this post, we’ll shed light on the process of requesting reasonable accommodations for a job interview under California law.
Under both the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), reasonable accommodations are adjustments or modifications to an employment position or work environment that enable a qualified individual with a disability to participate in the job application and interview process, perform essential functions, or enjoy the benefits and privileges of employment enjoyed by other employees.
In California, job applicants can request reasonable accommodations when their disability or specific needs may impair their ability to participate in the interview process. The law mandates that employers with five or more employees must provide these accommodations unless doing so would cause the business undue hardship. The goal is to combat discrimination and provide all candidates equal opportunities to demonstrate their qualifications.
Common examples of reasonable accommodations during a job interview include:
This is by no means a complete list, and many other types of accommodations are possible.
For job applicants seeking accommodations, the process begins with a formal request to the potential employer. Here are a few tips for requesting accommodations:
While the law supports the provision of reasonable accommodations for job applicants, there are instances where an employer may deny a request. This is generally acceptable if the accommodation poses an undue hardship, which means it would cause significant difficulty or expense for the employer. Factors considered include the nature and cost of the accommodation, the employer’s financial resources, and the impact on the operation of the business.
Requesting reasonable accommodations is a right protected by law, designed to ensure that all applicants have an equal opportunity to compete for jobs. If you believe your rights have been violated, consulting an experienced employment attorney can provide guidance and help you analyze your legal options. To discuss a potential violation of employment law concerning disability discrimination, contact the Law Offices of Alan F. Cohen for a free case evaluation.
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