What kinds of accommodations can I request?

HELPFUL HINT:

You can also have someone else talk to the employer for you, to ask for the accommodation you need. In this case, you may want to ask your case manager, social worker, legal aid attorney, or another trusted person who is helping you with your job search, to speak with the employer on your behalf.

You can request any accommodation that is reasonable and necessary so that you can be considered for the job like any other applicant or perform the job like any other employee. Each situation is different, so the type of accommodation you request will depend on your particular circumstances and the type of work or employer involved. These are just a few examples of accommodations you may request:

    Making an exception to a hiring or employment policy that restricts applicants/employees with certain types of convictions;
    Disregarding a conviction caused by your disability;
    Considering your conviction under an easier standard;
    Giving you an opportunity to explain your conviction and provide additional (medical) evidence of your disability and rehabilitation;
    Giving you time off to attend treatment programs;
    Disregarding workplace violations caused by your disability.

The employer is not necessarily required to provide the exact accommodation that you ask for—but MUST provide an accommodation that has the same effect.[2055] For example, the employer might be allowed to rearrange your work schedule—rather than give you time off—so that you can attend treatment programs.

EXCEPTIONS: There are 3 situations where an employer is NOT required to provide a reasonable accommodation for your disability: 1) where the accommodation will cause the employer “Undue Hardship,” 2) where the reasonable accommodation would present a “Direct Threat” to the safety of others or property, or 3) where the employer shows that you CANNOT safely perform essential job functions. For more information about these exceptions, see Appendix U, PG. 651

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After you request a reasonable accommodation, the employer has to genuinely consider your request, and talk to you about what types of accommodations could help your situation. The employer can also ask you for more information about your disability to help with the decision. An employer CANNOT simply ignore your request OR wait an unreasonable amount of time to respond, hoping that you give up.[2056]

If an employer decides NOT to hire you based on you disability, the employer MUST give you a chance to get a medical opinion about your condition from an independent doctor. If the employer refuses to let you get an independent opinion, it may be violating the law.[2057]

  1. 2055

    For example, an employer could choose to provide a different type of accommodation that is less expensive or less burdensome, so long as the different accommodation is effective at removing the particular employment barriers you face. EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 2002). ↑

  2. 2056

    EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 2002). ↑

  3. 2057

    See Cal. Dep’t of Fair Emp’t & Hous., Fair Employment and Housing Act. ↑