If you are an employee with a disability, you have the right to fair treatment and support in the workplace. That includes the right to request reasonable accommodations that help you perform your job and to receive a good-faith response from your employer. At Le Clerc & Le Clerc, LLP, we help workers throughout the San Francisco Bay Area assert these rights when employers ignore, delay, or reject legally required accommodations.
We understand how difficult it can be to balance your health and your job. If your employer has denied your request for accommodation, refused to engage in the interactive process, or retaliated against you for asserting your rights, we are here to help.
What Qualifies as a Disability Under the Law?
Under California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), a “disability” is broadly defined. In California, it includes any physical or mental condition that limits a major life activity. This can include:
Physical disabilities such as:
- Mobility impairments
- Chronic pain
- Organ dysfunction
Mental health conditions like:
- Depression
- Anxiety
- PTSD
Medical conditions including:
- Cancer
- Epilepsy
- HIV/AIDS
In addition, you may be eligible for accommodations for temporary disabilities that are expected to last more than a short period and substantially limit your ability to work or carry out daily activities.
California law provides even stronger protections than federal law by rejecting narrow definitions and requiring only that a condition “limit” (not “substantially limit”) a major life activity.
What Are Reasonable Accommodations?
Under both California and federal law, employers are required to provide reasonable accommodations to employees with disabilities. These accommodations are intended to support individuals in performing the essential functions of their job and to ensure they have equal access to employment opportunities.
A “reasonable accommodation” is any change to the work environment or the way things are usually done that allows a person with a disability to work effectively without imposing an undue hardship on the employer.
Reasonable accommodations can take many forms depending on the nature of the job and the employee’s specific needs. Common examples include:
- Modified work schedules to accommodate medical treatment or energy limitations
- Remote work arrangements for individuals who cannot safely or comfortably commute
- Ergonomic equipment or assistive technology to address physical limitations
- Extended or flexible medical leave beyond what is offered under the Family and Medical Leave Act (FMLA)
- Reassignment to a vacant position if the employee can no longer perform the essential functions of their current role due to disability
Employers are not required to provide every accommodation an employee requests, nor must they eliminate essential job duties or create new positions. However, they must actively consider all reasonable alternatives and provide accommodations unless doing so would create an undue hardship. This is typically defined as significant difficulty or expense relative to the size, resources, and operational needs of the business. The burden of proving undue hardship rests with the employer, not the employee.
If an employer refuses to accommodate without a valid reason (or simply ignores the request altogether) they may be violating both FEHA and the ADA
The Interactive Process: A Legal Obligation
The interactive process is the legal and practical foundation of the accommodation system.
It’s a mandatory, good-faith dialogue between the employer and employee that seeks to identify appropriate workplace accommodations based on the employee’s limitations and the demands of the job.
The process is collaborative, not adversarial, and is intended to result in a solution that enables the employee to continue working without placing excessive burden on the employer.
The obligation to initiate the interactive process is triggered when an employer becomes aware through a direct request, medical documentation, or observable need that an employee may require accommodation. In California, employers must act promptly once they have this knowledge. Delays, inaction, or failure to follow up can constitute a legal violation.
During the interactive process, employers are expected to take specific steps. They must:
- Respond to the request in a timely and respectful manner
- Evaluating potential accommodations on a case-by-case basis
- Be flexible in exploring alternative solutions
- Document each step of the discussion and decision-making process
Employers may also request limited medical verification, but they cannot demand irrelevant or excessive details about the employee’s condition.
Employees also have responsibilities in this process. They must:
- Communicate clearly and participate in good faith
- Respond to reasonable requests for information or documentation
- Help identify accommodations that might allow them to fulfill their role
The process can involve multiple conversations and may evolve over time as conditions or job duties change.
Importantly, failing to engage in the interactive process is a violation of the law, even if the employer could not ultimately provide a reasonable accommodation. The law does not require success, but it does require sincere effort. When employers shut down communication, fail to follow up, or refuse to consider options, they can be held accountable in court.
At Le Clerc & Le Clerc, LLP, we have successfully represented clients whose employers failed to engage in this required dialogue. Whether you’re at the beginning of the process or believe your rights have been ignored, we can help you understand your options and protect your future.
Common Employer Violations
Despite clear legal requirements, employers often mishandle accommodation requests in ways that violate your rights. Some of the most frequent issues we see include:
- Delays in responding to accommodation requests or failing to respond at all
- Denying accommodations without exploring alternatives or without clear justification
- Punishing or terminating employees for requesting accommodations
- Demanding excessive medical documentation or disclosing private health information
- Claiming “hardship” without attempting reasonable modifications.
Sometimes, employers claim they didn’t know a request was being made or deny that the employee ever disclosed a disability. That’s why documentation and legal advocacy are so important.
Retaliation for Requesting Accommodations
It is unlawful for an employer to retaliate against an employee for asserting their right to a reasonable accommodation. Both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) provide strong protections against retaliation. This means your employer cannot punish you for requesting accommodations, using them, or participating in the interactive process.
Retaliation can take many forms, both obvious and subtle. You might face:
- Sudden negative performance reviews that don’t match your actual work.
- Demotions
- Reassignment to less desirable duties
- Exclusion from meetings and projects.
- Hostile work environments
In some cases, the retaliation is more extreme, such as wrongful termination soon after an accommodation request is made.
These acts of retaliation are illegal regardless of whether your original accommodation request was granted or denied. If you suspect retaliation is happening or are concerned it may start, it’s critical to act quickly. Retaliation cases often hinge on timing and documentation. Early legal intervention can help you protect your job and hold your employer accountable.
How Le Clerc & Le Clerc, LLP Can Help
At Le Clerc & Le Clerc, LLP, we understand the legal and emotional challenges employees face when dealing with disability accommodations in the workplace. Our firm is deeply committed to standing up for individuals whose rights have been denied, ignored, or violated.
We start with a thorough evaluation of your situation. We review your medical documentation, correspondence with your employer, and internal company records to assess your legal options. If your employer failed to engage in the interactive process, denied a reasonable accommodation, or retaliated against you, we can help you file a formal complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
When negotiation is possible, we work to resolve your case through a fair settlement or mediation. If litigation becomes necessary, we are fully prepared to pursue your case in court. Our firm has years of experience representing employees in California employment law disputes, and we know how to present compelling arguments that hold employers accountable.
Whether you’re looking to stay in your job with accommodations, recover lost wages after a wrongful termination, or make systemic change through legal action, we offer the strategic insight and unwavering support you need.
Your Rights if You’ve Been Denied an Accommodation or Terminated
If your employer has refused to accommodate your disability, failed to engage in the interactive process, or retaliated against you, it’s important to take immediate and informed action.
Collect Documentation
Start by gathering all relevant documentation. This includes written requests for accommodation, medical notes, emails or memos from your employer, performance reviews, and any internal complaints or HR responses. Keep a personal log of conversations, dates, and changes in how you’re treated at work.
Get Legal Advice
Do not quit your job without first seeking legal advice. Resigning under pressure might limit your legal options or complicate your ability to recover compensation. Instead, speak with an experienced employment attorney who can assess your rights and help you determine the safest and most effective next step.
Be Proactive
Strict time limits apply to disability-related claims. In California, you generally have one year from the date of the violation to file an administrative complaint with the DFEH. Federal EEOC deadlines can be even shorter in some circumstances. Missing these deadlines could prevent you from bringing a claim, even if the employer clearly acted unlawfully.
At Le Clerc & Le Clerc, LLP, we help clients navigate these time-sensitive issues with clarity and confidence. If you believe your rights have been violated, don’t wait. Contact our firm to learn how we can help you protect your job, your health, and your future.
Frequently Asked Questions About California Workplace Disability Accommodations
Do I need to disclose my diagnosis to get an accommodation?
No, you are not legally required to disclose your specific diagnosis. Under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), you only need to provide enough information to show that you have a qualifying disability and that an accommodation is necessary to help you perform your job. Your medical provider can supply documentation that confirms the existence of a disability and outlines limitations without naming the condition itself. Employers are allowed to request medical certification, but they cannot demand full diagnostic details or access to your complete medical history.
Can I request a change to my job duties?
Yes, in some cases. If certain job duties conflict with your medical restrictions, you can request that those tasks be modified, reassigned, or eliminated as part of a reasonable accommodation, so long as you can still perform the essential functions of your position with or without the adjustment. Alternatively, if no accommodation makes it possible to perform the core functions of your current role, your employer may be required to explore reassignment to a vacant, comparable position for which you are qualified. Whether a change in duties is reasonable depends on the nature of your role, the size and structure of your workplace, and whether the modification imposes undue hardship on the employer.
What if my employer says no accommodation is possible?
Your employer cannot simply say “no” and walk away. The law requires that they engage in a timely, good-faith interactive process to explore available options, even if they ultimately believe no accommodation is feasible. If an employer dismisses your request without meaningful dialogue or fails to consider alternative solutions, they may be in violation of FEHA or the ADA. Employers are also required to document their efforts to engage in the process and justify any refusal with specific, fact-based reasoning. If you’re told no without explanation, it’s time to speak to an employment attorney.
What happens if I can’t return to work immediately?
If you’re temporarily unable to work, you may be entitled to job-protected leave under various laws, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or as a reasonable accommodation under FEHA or the ADA. In many cases, employers are required to extend leave beyond standard policies if doing so would help you recover and return to work without creating undue hardship. You don’t lose your job just because you need time to heal, but communication and documentation are critical. If your employer pressures you to return before you’re medically cleared, that may be unlawful.
Can I be fired while on medical leave?
It is unlawful for an employer to fire you simply for taking protected medical leave or for having a disability that requires time off. However, employers sometimes claim other reasons for termination, especially during or shortly after leave. If you’re fired while on leave or immediately after returning, and the reasons seem vague or inconsistent, it may be a form of retaliation or discrimination. You have the right to challenge that termination, and you may be entitled to reinstatement, back pay, or other compensation if your rights were violated.
If you have more questions or suspect your employer has crossed a legal line, Le Clerc & Le Clerc, LLP is here to help you evaluate your situation and assert your rights.
Why Choose Le Clerc & Le Clerc, LLP
For decades, our San Francisco-based law firm has been a leader in employment law and disability rights. We are passionate about ensuring that individuals with disabilities are treated with the dignity, fairness, and respect they deserve at work.
Clients choose us for our deep knowledge of California disability law, our strong record of results, and our unwavering commitment to justice. We tailor our approach to each case and fight aggressively for the best possible outcome, whether that means a negotiated resolution, reinstatement, or a jury verdict in your favor.
If you’ve experienced discrimination, retaliation, or denial of workplace accommodations, don’t wait to get help. Contact Le Clerc & Le Clerc, LLP for a free, confidential consultation. Let us evaluate your case and help you take the next step toward protecting your rights and restoring your dignity at work.
Call our San Francisco office today or fill out our online form to get started.