Understanding Employer Responsibilities for Disability Accommodations in California Construction
Construction work is physically demanding and can be challenging for workers with disabilities. In California, the law protects construction workers with disabilities, ensuring they receive fair treatment on job sites. Employers must provide reasonable accommodations under both federal law and California law. Knowing your rights as a worker or your obligations as an employer is important in creating a safe and inclusive work environment.
What Are Disability Accommodations?
Disability accommodations are changes or adjustments made to the workplace to help employees with disabilities perform their job. These accommodations can vary depending on the worker’s needs and the nature of the job. In the construction industry, this might include providing modified tools, allowing a flexible schedule for medical appointments, or assigning certain tasks the worker can safely perform.
The goal is to make sure disabilities do not prevent qualified individuals from working effectively. Employers are not required to remove essential job duties but are expected to help the worker perform those duties in a way that works best for them.
California Law: What Employers Must Know
In California, the Fair Employment and Housing Act (FEHA) protects workers from discrimination due to physical or mental disabilities. The law applies to all employers with five or more employees, including construction companies. Under FEHA, employers must:
- Engage in a timely and good faith interactive process with employees who request accommodations.
- Provide reasonable accommodations unless doing so would cause an undue hardship.
- Ensure that workers are not wrongfully terminated or discriminated against due to their disability.
Additionally, California law often offers broader protection than federal laws, like the Americans with Disabilities Act (ADA). It’s especially important in physically intensive jobs, such as construction, that employers take proactive steps to assess and meet the needs of disabled workers.
Examples of Reasonable Accommodations in Construction
In the construction industry, reasonable accommodations will differ depending on the site and position. Some possible accommodations may include:
- Installing ramps or lifts for mobility-impaired workers.
- Providing assistive hearing equipment for workers who are hard of hearing.
- Allowing shorter shifts or more breaks for workers with chronic pain or medical conditions.
- Offering reassignment to a vacant less physically demanding position at the same pay level.
Employers are encouraged to talk with the employee to find the best solution. It is not a one-size-fits-all approach.
What If Your Rights Have Been Violated?
If you are a construction worker in California and believe that your employer is not meeting their legal responsibilities related to disability accommodations, you don’t have to face it alone. It’s important to act quickly and speak with someone who understands the law.
Call experienced legal advocate Jonny Law at 800-566-4868. He can help you understand your rights and determine the best steps forward. Don’t wait—your health and livelihood matter.
Every worker deserves a safe and fair workplace. Whether you’re recovering from an injury or living with a long-term condition, California law is on your side.