Disability Accommodation Lawyer
If you’re struggling at work because of a disability, you have the right to request support to help you do your job. A seasoned disability accommodation lawyer in California from our team can help protect that right and help you take legal action when your employer refuses to cooperate.
At California Civil Rights Law Group, we represent workers across the state who have been denied reasonable accommodation. We know how to hold employers accountable and can fight for the treatment you deserve in the workplace.
Understanding Disability Accommodation Laws in California
Disability accommodation laws are designed to help ensure workers with disabilities are able to participate fully in the workplace. Under the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), most employers are legally required to provide disability accommodation for an employee.
This includes both physical and mental conditions that limit their ability to participate in day-to-day activities. In California, if an employer has five or more employees, they are required to provide reasonable accommodation.
The law also requires them to explore possible solutions, and failure to do so may be considered disability discrimination. Employers can’t delay indefinitely or put obstacles in your way, either. Whether your request is for short-term adjustments or a long-term change, they are required to respond in a timely manner.
What Is a Reasonable Accommodation?
A reasonable accommodation is any work environment change or change in the way a job is performed that will enable an individual with a disability to continue to work. These accommodations are not meant to provide special treatment but to help maintain a sense of normalcy. The goal is to allow qualified employees to continue their jobs effectively and safely.
A reasonable accommodation doesn’t have to be expensive or disruptive to the workplace. In fact, many are low-cost and simple to implement. What matters most is that they enable you to perform your essential job functions safely and efficiently.
Examples of reasonable accommodations may include:
- Modified work schedules
- Remote or hybrid work opportunities
- Ergonomic equipment or assistive devices
- Adjusted job requirements
- Reassignments to other positions
- Time off for medical appointments and recovery
- Physical adjustments to the workplace for accessibility
Reasonable accommodations can vary depending on the type of job you hold and your specific needs. What works for one employee may not work for another. That’s why employers must evaluate requests on a case-by-case basis.
The Reasonable Accommodation Process Request
A reasonable accommodation is any work environment change or change in the way a job is performed that will enable an individual with a disability to continue to worRequesting reasonable accommodation typically begins with a conversation. You don’t need to use special language or provide a full medical history in order to get started. Instead, all you need to do is let your employer know that you’re struggling at work because of a medical condition, and you need some assistance.
Once you’ve made a request, your employer generally must:
- Respond in a timely manner
- Engage in a good-faith interactive process to understand your needs
- Explore all reasonable accommodation options available
- Implement a solution, unless doing so would cause an undue hardship
You may need to provide documentation from a physician or other healthcare provider to confirm your limitations and need for reasonable accommodation. However, your employer is not entitled to detailed medical records or a diagnosis. A simple doctor’s note is often enough.
The law requires that this process always be collaborative. Employers who ignore requests, delay the process, or attempt to shut it down entirely may be violating disability accommodation laws in California.
Essential Job Duties and Accommodations
Reasonable accommodations are put in place to help you perform the essential functions of your job. These are the core tasks that define your position, not every minor duty you may be assigned.
For example, if your job involves managing clients, but standing for long periods is not a central part of your role, your employer might be required to allow a sit-stand desk for occasional breaks. If driving is essential to your job, but a medical condition prevents you from being able to do so, a reassignment to a different position might be an appropriate solution.
Employers are not required to eliminate essential job duties or create new positions, but they are required to consider changes that allow you to meet your job requirements.
Employer Obligations and Responsibilities
When an employer learns that an employee needs reasonable accommodation, they are legally required to take specific steps, which can involve:
- Engaging in the interactive process without delay
- Keeping all discussions confidential
- Documenting the process and any decisions made
- Providing accommodations that are reasonable and effective
- Avoiding retaliation against the employee for making the request
Employers who ignore or mishandle requests for disability accommodation in California can put themselves at legal risk. The law makes it very clear that doing nothing is not an option.
They must also refrain from discouraging or retaliating against employees who request this support. Terminating or disciplining an employee for making a legitimate request for assistance is against the law, and it could also be the basis for a legal claim.
Employee Rights and Protections
If you have a disability, you are protected by both federal and state laws from unfair treatment in the workplace. These protections include your right to:
- Request reasonable accommodation
- Begin the interactive process with your employer
- Keep your medical information confidential
- Be free from retaliation for requesting accommodations
Disability accommodation in California is generally not optional. Your employer can’t ignore your request, dismiss your condition, or punish you for speaking up. If they do, you may have grounds to take legal action.
Even if your disability is not visible, you still have rights. Many employees have chronic illnesses, mental health conditions, or temporary impairments that qualify for reasonable accommodation. Employers must evaluate every request on a case-by-case basis and fairly, regardless of whether the condition is obvious.
Finding the Right Disability Accommodation Lawyer
If your employer denied your request, failed to respond to you, or retaliated against you, a disability accommodation attorney in California may be able to assist you in understanding your rights and what your next steps are. At California Civil Rights Law Group, we handle these situations with care, urgency, and clarity.
Our disability accommodation lawyers can:
- Review your request and your employer’s response
- Help you gather documentation and evidence
- Represent you in the interactive process, if necessary
- File complaints with the appropriate state or federal agencies
- Pursue legal action if your employer was found to have violated the law
We understand how difficult it can be to advocate for yourself at work, especially when you’re dealing with a medical condition. That’s why we take a hands-on approach. Our disability accommodation attorneys can work closely with you, answer any questions, and provide clear guidance from beginning to end.
You don’t have to figure this out alone. Legal support can make a substantial difference when your health, livelihood, and dignity are on the line.
Reach Out to Us Today
If your employer has denied you reasonable accommodations, ignored your request, or taken disciplinary actions against you, it may be time to talk to a California accommodation lawyer from our team. California Civil Rights Law Group can fight in your corner.
You can find us located in San Francisco, Oakland, and Marin County, and we represent employees throughout the entire state of California. Our legal team focuses solely on employment law, and we don’t back down when a client’s rights are on the line. Contact us today to schedule a free consultation.
Frequently Asked Questions
You have the right to challenge a reasonable accommodation denial. If your employer refuses to provide reasonable assistance for your disability without a valid reason, they may be violating the law. You can file a complaint with the state or a federal agency, or speak with our California disability accommodation attorneys to explore what legal options you may have available.
Reasonable accommodations include things like:
- Modified schedules, telecommuting, or remote work
- Additional breaks
- Specialized software or equipment
- Restructuring the job or work environment
- Reassignment to a different position
- Leave for doctor visits or recovery
Every reasonable accommodation request is different and depends on the nature of your job and your individual needs.
Employers are not required to:
- Eliminate essential job functions
- Create entirely new roles
- Provide personal assistive items like hearing aids or glasses
- Accommodate if it would cause an undue hardship
Reasonable accommodations must be both effective and reasonable, not burdensome.
Any physical or mental condition that limits a major life activity could qualify. Some disabilities may include:
- Mobility issues
- Mental health disorders
- Chronic illnesses
- Vision or hearing impairments
- Neurological or cognitive conditions
You do not need to be permanently disabled to qualify. Short- or long-term conditions may still be covered.
Yes. Many conditions that qualify for assistance are invisible, such as anxiety, diabetes, or chronic pain. Your employer may request medical documentation in order to confirm your need, but they cannot request a diagnosis or detailed medical records.
Employers can only deny a request if they can prove that it would create an undue hardship. This involves more than just the cost to accommodate, but also considers the size of the business, the resources that are available, and the impact on day-to-day operations. Most reasonable accommodations are inexpensive and easy to implement.
No. Retaliation of any kind after requesting a reasonable disability accommodation in the workplace is illegal. If your employer demotes, disciplines, or terminates you after making a request, you may be able to file a legal claim against them for retaliation and disability discrimination.
Follow up with your employer in writing and document all interactions. Keep copies of all emails, physical letters, or notes you may have taken from conversations. If your employer continues to ignore your request, contact a disability accommodation lawyer in California to help you take action.
Employers have the right to request basic information to verify the need for a reasonable accommodation request. However, they cannot demand detailed medical records or other confidential information. A doctor’s note stating your limitations is usually enough. Your diagnosis is private.
Useful evidence can include:
- Written reasonable accommodation requests and any correspondence
- Emails or notes from meetings
- Doctor’s documentation
- HR policy manuals
- Witness statements from coworkers
- Notes about your job duties before and after the request was made
A disability accommodation lawyer in California from our team can help you organize and present this evidence if you decide you want to file a claim.