What Happens If My Employer Refuses Reasonable Accommodations?

Employees in California have strong legal protections when it comes to workplace accommodations for physical or mental disabilities. Under both the Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), employers are legally required to provide reasonable accommodations when requested—unless doing so would cause undue hardship.

This guide explains what “reasonable accommodations” are, what your employer must do when you request one, how to properly request accommodations, and what your options are if your request is denied.

Definition of Reasonable Accommodations

A reasonable accommodation is a modification or adjustment to the job, work environment, or how the job is performed that allows an employee with a disability to perform the essential functions of the position.

Both FEHA and ADA define reasonable accommodations to include changes such as:

• Modified work schedules
• Reassignment to a vacant position
• Providing assistive devices or equipment
• Allowing medical leave for treatment or recovery
• Physical workspace modifications
• Altering how tasks are performed, if it does not create undue hardship

To qualify for a reasonable accommodation, you must be a qualified individual with a disability. A “disability” under FEHA includes physical or mental impairments that limit a major life activity. California law provides a broader definition of “disability” than federal law, offering more protection under FEHA.

Employer Obligations Under FEHA and ADA

Employers in California with five or more employees are subject to FEHA and must make reasonable accommodations for applicants and employees with known disabilities. Under the ADA, this requirement applies to employers with 15 or more employees.

Once an employer becomes aware—either through the employee or otherwise—that a disability may be impacting job performance, the employer must begin an “interactive process.” This is a good-faith, ongoing dialogue between the employer and the employee to identify and implement effective accommodations.

The interactive process must be timely, individualized, and collaborative. An employer cannot delay, ignore, or deny this process once a need for accommodation becomes clear.

If an accommodation is reasonable and does not impose an undue hardship on the operation of the business, the employer must provide it. Failing to do so can be a violation of FEHA and/or the ADA.

How to Request a Reasonable Accommodation

There is no requirement that the request be in writing, but doing so provides useful documentation if your request is later disputed. When asking for a reasonable accommodation, follow these steps:

• Notify your employer of your disability and explain how it affects your job performance.
• Describe the specific accommodation you are requesting and how it will help you perform your essential job duties.
• Provide medical documentation if requested (but only the information necessary to support the need for accommodation).
• Engage in the interactive process by participating in discussions about possible options.

It is not necessary to use legal or technical language when making a request. Simply informing your employer of your needs and limitations due to a medical condition is enough to trigger their legal responsibilities.

What to Do If Your Employer Denies Your Request

If your employer refuses to accommodate you without a valid reason or fails to engage in the interactive process, you may have legal recourse under both FEHA and the ADA.

An unlawful denial may include:

• Refusing to consider your request without discussion
• Telling you accommodations are not provided as a policy
• Terminating or demoting you after requesting accommodation
• Falsely claiming undue hardship without proper analysis

If your employer denies your request, consider the following actions:

• Ask for a written explanation of the denial.
• Document all communications related to your request.
• Consult with an employment law attorney experienced in California disability rights.
• File a discrimination complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).

Employers cannot retaliate against employees for requesting an accommodation. Retaliation may include termination, discipline, reduction in hours, or a hostile work environment. This type of behavior is also illegal and may form the basis for a separate legal claim.

If you believe your employer unlawfully denied your accommodation request or failed to engage in the interactive process, you may be entitled to compensation, reinstatement, or other remedies.

Learn more and get help: Miracle Mile Law Group | Failure to Accommodate

Our attorneys at Miracle Mile Law Group focus exclusively on employment law and are committed to protecting the rights of employees across California. We offer free consultations to assess your case and legal options.