Los Angeles Reasonable Accommodation Lawyer
California Employees Have the Right to Reasonable Workplace Accommodations.
Employees with disabilities may be entitled to reasonable changes at work that allow them to perform their jobs. Employers cannot simply ignore an accommodation request, refuse to discuss possible solutions, or punish an employee for requesting help.
If your employer denied a reasonable accommodation, failed to engage in the interactive process, or terminated you after requesting an accommodation, GS LAW, APC can evaluate your rights.
Reasonable Accommodation
Employees with qualifying disabilities may have the right to reasonable workplace accommodations that allow them to perform the essential functions of their jobs.
Interactive Process
California employers must engage in a timely, good-faith interactive process to identify possible reasonable accommodations.
Protection From Retaliation
An employer cannot lawfully punish an employee simply because the employee requested a reasonable accommodation or asserted disability-related workplace rights.
What Is a Reasonable Accommodation Under California Law?
A reasonable accommodation is a change or adjustment to the workplace that allows an employee with a disability to perform the essential functions of the employee’s job.
Under California’s Fair Employment and Housing Act, employers generally must provide reasonable accommodations to qualified employees with physical or mental disabilities unless doing so would create an undue hardship.
A reasonable accommodation does not necessarily mean that an employer must eliminate the essential duties of a job or provide exactly the accommodation requested by the employee. The goal is to identify an effective accommodation that allows the employee to continue performing the job.
What is reasonable depends on the employee’s limitations, the essential functions of the position, the workplace, and the available accommodations.
Common Examples of Reasonable Workplace Accommodations
Reasonable accommodations can take many different forms. The appropriate accommodation depends on the employee’s disability and job duties.
Examples may include:
- Modified work schedules
- Flexible starting or ending times
- Additional or modified breaks
- Temporary changes to job duties
- Modified workplace policies
- Ergonomic equipment or assistive devices
- Changes to a workstation or work area
- Remote or hybrid work arrangements where appropriate
- Leave for medical treatment or recovery
- Reassignment to an available vacant position
- Job restructuring involving nonessential duties
- Changes that make workplace facilities more accessible
There is no single accommodation that applies to every employee.
An employer should evaluate the employee’s particular circumstances instead of automatically rejecting a request because the accommodation is inconvenient or different from the employer’s normal practices.
California's Interactive Process Requirement
When an employer becomes aware that an employee may need an accommodation, the employer may have a duty to engage in a timely, good-faith interactive process.
This means the employer and employee should communicate about the employee’s limitations, the essential functions of the job, and possible accommodations.
An employer generally should not simply reject an accommodation request without considering reasonable alternatives.
Problems may arise when an employer:
- Ignores an accommodation request
- Refuses to discuss possible accommodations
- Delays responding for an unreasonable period
- Rejects a request without considering alternatives
- Ends the interactive process prematurely
The interactive process is an important part of California disability accommodation law and can form the basis of a separate employment claim.
Failure to Provide a Reasonable Accommodation
A failure to accommodate may occur when an employer knows that an employee needs an accommodation because of a disability but refuses to provide an available and reasonable accommodation.
Examples may include an employer refusing to modify a schedule, denying reasonable medical leave, refusing available modified duties, or terminating an employee instead of considering accommodations that would allow the employee to continue working.
Employers cannot simply require every employee to work under identical conditions when disability-related accommodations are required by law.
Medical Leave Can Be a Reasonable Accommodation
In some situations, medical leave may itself be a reasonable accommodation.
An employee may need time away from work for surgery, treatment, recovery, therapy, or another disability-related reason.
Importantly, exhausting CFRA or FMLA leave does not necessarily mean that an employer can immediately terminate the employee. The employer may still need to consider whether additional leave or another accommodation is reasonable under California disability law.
Signs Your Employer May Have Violated Your Accommodation Rights
You may want to speak with a California employment lawyer if:
- Your employer ignored your accommodation request
- HR refused to discuss your medical restrictions
- Your request was immediately denied
- Your employer refused to consider alternative accommodations
- You were told you had to return to work without restrictions
- You were disciplined after requesting an accommodation
- Your employer placed you on unwanted leave instead of accommodating you
- You were terminated while an accommodation request was pending
The timing of what happened can be particularly important.
Retaliation for Requesting a Reasonable Accommodation
An employer cannot lawfully retaliate against an employee for requesting a reasonable accommodation or participating in the interactive process.
Retaliation may include termination, discipline, reduced hours, demotion, unfavorable assignments, or other adverse employment actions.
When an employee is suddenly treated differently after requesting an accommodation, there may be claims involving reasonable accommodation, disability discrimination, retaliation, and wrongful termination.
Damages in a California Reasonable Accommodation Case
Depending on the circumstances, an employee whose rights were violated may be entitled to recover compensation such as:
- Lost wages
- Lost benefits
- Emotional distress damages
- Front pay
- Reinstatement
- Punitive damages where available
- Attorney’s fees and costs
The available damages depend on the facts and claims involved.
How GS LAW, APC Can Help
GS LAW, APC represents California employees whose employers failed to accommodate disabilities or participate in the interactive process.
We can evaluate:
- Your accommodation requests
- Medical restrictions
- Communications with HR and management
- Proposed accommodations
- Whether your employer considered reasonable alternatives
- Whether you were disciplined or terminated after requesting an accommodation
- Whether you may also have claims for disability discrimination, retaliation, or wrongful termination
If your employer refused to accommodate your disability or punished you for requesting an accommodation, contact GS LAW, APC to discuss your situation.
Frequently Asked Questions
Does My Employer Have to Give Me the Exact Accommodation I Request?
Can Medical Leave Be a Reasonable Accommodation?
Yes. Depending on the circumstances, a period of medical leave may qualify as a reasonable accommodation.
Can I Be Fired After Requesting an Accommodation?
What If My Employer Never Engaged in the Interactive Process?
Resources & Articles
Employment Law Guides
- Employment Law Guides
- California Meal & Rest Break Guide
- California Minimum Wage and Payday Guide
- California Overtime Guide
- California Unpaid Wages, Penalties & Damages Guide
- California Exempt Employee Misclassification Guide
- California Independent Contractor Misclassification Guide
- California Off-the-Clock Guide
Your Disability Should Not Cost You Your Job
If your employer denied a reasonable accommodation, ignored the interactive process, or terminated you after requesting an accommodation, you may have legal options.
GS LAW, APC represents employees throughout California.