“If the California Fair Employment and Housing Act recognizes your disability, your employer must provide you with a reasonable accommodation.” – Tom Girardi
LOS ANGELES, CA, UNITED STATES, November 4, 2019 /EINPresswire.com/ — "Although disabled Californians clearly cannot do some jobs because of their disability, having a disability does not mean they can't perform the essential duties of many other jobs. Still, the disabled may need some sort of accommodation in order to do so," says Thomas “Tom” V. Girardi, who was voted the number one lawyer out of 38,000 lawyers polled by Super Lawyer magazine.
One of the nation’s top trial lawyers, Tom Girardi explains that, “If the California Fair Employment and Housing Act recognizes your disability, and there are at least five people working for your employer, your employer must provide you with a reasonable accommodation.”
How, then, does one start that conversation with one’s employer? Inform him or her of your disability. According to Trial Lawyer Hall of Fame member Girardi, “Once you let your employer know about your disability, the duty to consider providing you with a reasonable accommodation arises.” At that point, your employer may request medical documentation to support your contention if your disability is not an obvious one, such as a wheelchair.
Thereafter, continues Girardi, “Discussions can begin regarding what kind of accommodation you need in order to properly perform your essential job duties.”
As far as safeguards to your privacy within the company, California Judicial Council member Girardi states that, “Your employer can inform only those people within the company who need to know about your disability. In addition, the right to medical verification does not mean that the company can go through all of your medical records and health history. You still have the right to privacy. As long as an accommodation does not create an undue hardship on your employer, the two of you should be able to find a workable solution.”
In terms of exactly what constitutes an undue hardship, Girardi reveals that, “Under California law, if the accommodation requires ‘significant difficulty or expense’ on the part of your employer, the company does not have to comply. However, that does not mean that a less expensive and easier option does not exist.”
Determining an undue hardship involves looking at the following factors, according to Girardi:
· The company's financial resources
· How providing the accommodation affects the operations, resources or finances of the company
· The number of people employed by the company
· The cost and nature of the accommodation
· The size of the business compared to the number of employees
· The location and type of the facility
· The type of operation
· The function and structure of its employees
The goal is to make sure that the company can continue to operate while still providing you with what you need in order to do your job. “Problems generally arise”, states Girardi, “when a company claims undue hardship when the accommodation you need would not create one. If this happens to you, it would be wise to gain an understanding of your rights and legal options since you may be a victim of discrimination.”
Thomas V. Girardi
Thomas V. “Tom” Girardi, a partner of the law firm Girardi | Keese in Los Angeles, is widely regarded by his peers as one of the nation's top trial lawyers and with nearly fifty years of experience representing victims, Girardi has obtained numerous multi-million dollar verdicts and settlements, handling claims involving wrongful death, commercial litigation, products liability, bad faith insurance, and toxic torts. In 2003, he received the most prestigious honor of being inducted into the Trial Lawyer Hall of Fame by the California State Bar. Mr. Girardi is a Member of the Board of Directors and former President of the prestigious International Academy of Trial Lawyers, an invitation-only worldwide organization, limited to 500 trial lawyers. Mr. Girardi is also the first trial lawyer to be appointed to the California Judicial Council, the policymaking body of the state courts.
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Source: EIN Presswire