Telling your employer that you have a disability isn’t easy. You have no idea how your supervisor or manager will react, which can lead to anxiety. Once you do tell them, what happens next?
While the law protects you, it’s hard to know how things will play out. One of the questions we hear the most is if an employer can change your job after you disclose your disability. The answer is that your employer can change your job in certain conditions.
While the Americans with Disabilities Act (ADA) protects people with a qualifying disability from discrimination, companies can still make the best business decisions for that specific situation.
A fine line separates disability discrimination from lawful alternatives to workplace accommodation requests. That’s why it’s so important to talk to an employment attorney for guidance on how to proceed in your specific situation.
What the ADA Says About Job Changes
Under the ADA, an employer with at least 15 employees must provide reasonable accommodations to qualified workers with mental or physical disabilities. California employment discrimination rules lower that to employers with 5 or more employees.
The key is “reasonable accommodations.” If a business claims an accommodation would impose an undue hardship on its finances, it may be exempt.
Changes usually fall into one of these categories:
- Reasonable Accommodations: Your employer can restructure your job or provide equipment to help you perform your job duties. As a last resort, your employer can transfer you to an open position within the company instead.
- Legitimate Business Decisions: Your employer doesn’t have to stop operations because you’ve disclosed a mental or physical disability. If they were planning to close your department before your disclosure, they can still proceed with those plans.
When Is a Job Change Unlawful?
While your employer can make legitimate business decisions, they cannot use them as a punishment or weapon to get a worker out of the company. Examples of illegal job changes include the following situations.
Constructive Discharge
Sometimes, employers make working conditions difficult or unaffordable. If you feel humiliated, defeated, or cannot afford to stay in the position, it’s legally referred to as a “constructive discharge.” It’s illegal.
A dairy processor experienced skin allergies when using plastic or rubber gloves. She requested a reasonable accommodation using a different type of glove to avoid the discomfort of the severe allergic reaction. Her employer rejected her request and instead told her to go home when her allergies flared up.
The company had a no-fault attendance policy. Eventually, they fired her for missing too much work.
Demotions in Disguise
You disclose your disability and your employer reduces your pay, moves you to another office, or drastically cuts your job duties. It’s illegal to respond to your request for assistance by penalizing you.
A woman had to take a doctor-ordered leave of absence from a job where she had glowing reviews. When she returned, she was locked out of the computer programs she needed to do her job. She started getting junior-level work and received a performance improvement plan. Her yearly bonus was cut in half. She sued for disability discrimination.
Failure to Engage in the “Interactive Process”
Requests for reasonable accommodations involve an “interactive process.” It’s a good-faith conversation between a worker with a disability and the employer. If you request accommodations and your employer immediately transfers you to another department without discussing options with you or evaluating a doctor’s input, they’ve failed to engage.
A restaurant manager injured his back and neck at work and requested reasonable accommodations. He was told the company would be in touch. They contacted him through a work-issued phone that was not in his possession during his medical leave of absence. The company had his home phone and didn’t use it.
During that time, they restructured his position without consulting him, increasing his commute time. They also set a return-to-work date and fired him before it arrived.
Retaliation After Making Accommodation Requests
Any retaliation against an employee who requests a reasonable accommodation is illegal.
In 2023, an employee was diagnosed with breast cancer and requested time off for treatments. The retailer denied her request, despite the medical documentation. They penalized her for the time she’d missed.
When her attendance penalty points reached the maximum allowed under the company’s attendance policy, they fired her. She sued for disability discrimination.
Protect Yourself From the Earliest Possible Time
From the moment you request accommodations, your employer is already busy protecting itself. You’re unlikely to have legal representation, but your company does. This puts you at a disadvantage for several reasons.
Company’s Definition of Essential Functions
What you do each day and consider an essential function may only be a “marginal task” in your employer’s files. They don’t have to provide accommodations for job duties they determine are unnecessary in your role.
Information and Legal Resources
HR departments and corporate legal teams protect the company, not you. While you’re trying to take care of your mental or physical health while balancing your job duties, your company is building a paper trail that proves it has every right to terminate your job, relocate you to another office, or demote you to a position with fewer responsibilities.
Right to Sue Deadlines
Under California employment discrimination laws, you must file your discrimination complaint within three years of the date you were last harmed. If you miss that statute of limitations, you’re out of luck.
How an Employment Attorney Helps Navigate Possible Discrimination
Talk to an employment lawyer as soon as possible. Don’t wait until you’re fired or demoted; talk to an attorney as soon as you feel you’re experiencing discrimination. An employment attorney can do several things to help you.
Build an Evidence Trail
Documents are essential in a discrimination complaint. An attorney knows what paperwork is essential and how to prove your company mistreated you. You’ll get guidance on what paperwork to request, which forms to fill out, and where to store documentation safely.
Create a Strong Request for Accommodations
How you request workplace accommodations matters. An employment attorney can help you draft a formal request that creates a clear record and ensures your employer follows ADA requirements.
Guide the Interactive Process
When a knowledgeable attorney is involved, your management team has to engage in an interactive process. It cannot make decisions without gathering your input and making you an active part of the decision-making process. You won’t give in to pressure and unfavorable terms.
Negotiate a Fair Resolution
When a working relationship is frayed, an attorney can negotiate a fair resolution, whether that’s a severance package, a satisfactory reassignment, or a fair, binding accommodation agreement. Your attorney works for you, not for the company.
Protect Your Rights and Your Career
Disclosing your disability shouldn’t mean the end of your career. If your employer responds by becoming hostile, cutting your pay, reducing your hours, or transferring you to another location without your approval, you need legal assistance.
Contact Shegerian Conniff today to schedule a confidential consultation. We fight for you and ensure your rights under California law are never ignored.
