![]() It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations, absent undue hardship. ![]() “We aren’t in the business of giving employees special treatment.” Reasonable accommodation removes workplace barriers for individuals with disabilities. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed). Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs they could do with some form of accommodation. The duty to provide reasonable accommodation is a fundamental statutory requirement because of the nature of discrimination faced by individuals with disabilities. Although there is no formal policy that allows telework, this employee states, “What is available for one employee should be available to all of us.”Īre these appropriate responses to accommodation requests? Should employers deny accommodations based on their feeling that if provided, the accommodation could cause morale issues for coworkers? And what is the employer’s proper response to employees who have questions about why a coworker may be receiving what they perceive to be special treatment? These are tough questions for sure, but ones that the Equal Employment Opportunity Commission (EEOC) has addressed in its guidance Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. If we do this for you, then everyone is going to want it.”Īn employee confronts her supervisor with a request to be provided an opportunity to work from home as one of her coworkers is now doing. The HR department of a large employer dismisses an accommodation request from an employee to work a flexible schedule because she says, “We aren’t going to open that can of worms. ![]() “What is fair for one is fair for all.”Īn employer refuses to engage in the accommodation process that involves a request from an employee with epilepsy for a change in the attendance policy due to seizures because he says that everyone wants more days off and this employee is no different. The employer claims that if they allow her the privilege they would have to allow it to all employees. Contact Shegerian & Associates to get your case evaluated and to obtain sound legal advice.A computer programmer is denied the accommodation to telework temporarily, even though she can completely do her job from home. You do not have to endure unfair treatment, whether it is for promotions, equal pay, disciplinary actions, training or other opportunities. If you are experiencing the negative effects of preferential treatment in your California employment, you should take action right away. Employers need to promote a positive workplace that is based on unbiased actions. Preferential treatment can lead to a hostile work environment and less productivity. While white police officers are not necessarily protected under anti-discrimination statutes, they have the right to get the same opportunities within the workplace. State laws require employers to treat all employees in a fair and equal manner. The employer currently denies any racial preferential treatment and states that they comply with all anti-discrimination laws in California. In addition, they were not given harsh discipline for similar infractions. Specifically, promotions were being awarded to minority officers even though they had lower test scores. ![]() During disciplinary actions and promotions, white officers were not being treated fairly. Airport Police of giving black employees preferential treatment. The plaintiffs in this case are accusing the L.A. When preferential treatment occurs, the legal rights of hard-working employees can be violated. ![]() Even though employers must treat protected classes fairly, they cannot create an unfair work environment for everyone else. Preferential treatment can occur when an employer unlawfully favors a certain group of employees over others within the organization. Preferential Treatment - The Negative Effects
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