Additionally, effective January 1, 2025, the law was expanded so that employers must also provide accommodations for an employee whose family member is a victim of qualifying act of violence.

An employer is not required to provide a reasonable accommodation where the employee has not disclosed their status, or the their family member’s status, as a victim.2

Reasonable accommodations may include any of the following:3

• Implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry a phone at work, changed work station or installed lock.
• Assistance in documenting domestic violence, sexual assault, stalking or another qualifying act of violence that occurs in the workplace.
• An implemented safety procedure.
• Other adjustment to a job structure, workplace facility or work requirement in response to domestic violence, sexual assault, stalking or other qualifying act of violence.
• Referral to a victim assistance organization.

The employer must engage in a timely, good faith, interactive process with the employee to determine effective reasonable accommodations.4 In determining whether the accommodation is or is not reasonable, the employer must consider the exigent circumstance or danger facing the employee or their family member.5

Employers do not have to make accommodations that constitute an “undue hardship.” Undue hardship can mean that the accommodation is unduly costly, extensive or substantial to you or that would fundamentally alter the nature of your business’s operation. For more information, see Undue Hardship.

• For purposes of this law, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees.6

If circumstances change and an employee needs a new accommodation, the employee must request it and the employer must engage in the good faith interactive process again.7 If an employee no longer needs an accommodation, they must also notify the employer.

• An employer cannot retaliate against an employee for requesting a reasonable accommodation, regardless of whether the request is granted.

Documentation of Reasonable Accommodation

An employer can request the employee to provide a written statement signed by the employee (or an individual acting on the employee’s behalf) and certifying that the accommodation is for an authorized purpose.8

The employer may also request certification from an employee who is requesting an accommodation that demonstrates the employee’s status, or the employee’s family member’s status as a victim. The same certification that is acceptable for taking time off for legal proceedings or for medical treatment and other services is also acceptable for this purpose. For more information, see Time Off for Legal Proceeding.

An employer can request recertification of an employee’s status every six months.

Any documentation, such as a police or court record or any verbal or written statement that identifies the employee or the employee’s family member as a victim must be maintained as confidential.9 It cannot be disclosed except as required by federal or state law, or as necessary to protect the employee’s safety in the workplace. The employee must be given notice before any authorized disclosure.