What will I need to show to get a reasonable accommodation?

To get a reasonable accommodation for your conviction, you must show two things:

    Your conviction was caused by your disability. This means
    Explaining to the employer that you have a disability and what the disability is; AND
    Providing any documents you have regarding your disability and treatment, including:
    Letters from doctors or service providers (a) saying that you experienced drug or alcohol addiction, mental illness, and/or some other disability at the time of the offense, and (b) describing how your disability affected you;
    Letters from doctors or service providers showing that you successful completed a rehabilitation program or are participating in effective ongoing treatment of your mental illness or other disability;
    Letters from doctors or service providers that show you are no longer using substances and/or you are receiving appropriate treatment to control the symptoms of your mental illness or other disability.

REMEMBER: It may be difficult to prove that your criminal conviction was caused by your drug or alcohol addiction, mental illness, or other disability. It is important that you submit as much evidence as possible! It’s best if you can have a doctor submit a letter confirming that you have a disability and how it affects you.

    The accommodation that you’re asking for is “reasonable” and “necessary.” This means showing that—
    The change is necessary for you to apply for or work at the job on an equal basis with other applicants or employees—for example, if the employer does not make an accommodation, your application would be rejected due to your conviction history;
    It’s not too expensive or burdensome for the employer to make the change;
    It doesn’t fundamentally change the employer’s business operations; AND
    There is a relationship between your disability and the change you arA=e requesting—in other words, you are only asking for an exception for the specific convictions that were caused by your disability, NOT other, unrelated convictions that you might have. [2058]

For more information about requesting a reasonable accommodation, see Appendix U, PG. 651. To see a sample letter requesting a reasonable accommodation, see Appendix V, PG. 652.

BUT REMEMBER: Just because you committed a criminal offense when you were suffering from a mental illness or a past drug addiction does not mean you automatically have the right to a reasonable accommodation on your job application today. It can be very difficult to prove that your disability caused your criminal offense, AND that the disability is the type that qualifies you for a reasonable accommodation. Although these reasonable accommodation requests can be difficult, it can be worth asking for them!Remember, just like with other discrimination complaints, you only have 300 days to file a complaint with the EEOC, or 1 year to file a complaint with the DFEH! For more information about finding a legal aid or employment attorney or non-profit organization, see PG. 599 above. For more information about filing a lawsuit, see PG. 613 below.

  1. 2058

    See U.S. Airways v. Barnett, 535 U.S. 391, 397 (2002). ↑