Disability and Failure to Accommodate

In California, both the Fair Employment and Housing Act (“FEHA”) and the Americans with Disabilities Act (“ADA”) protect individuals with disabilities from discrimination in the workplace.

Subject to certain limitations, employers must provide a reasonable accommodation to employees and applicants with disabilities who possess the necessary degrees, skills, and experience for the job and who can perform the essential functions of the job. To be protected by the ADA/FEHA, the employee’s disability must be disclosed to the employer. While the employee is not required to share every detail about his/her disability, he/she needs to provide enough information to show the presence of a “disability” under the law and the need for accommodation.

A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his/her job despite having a disability. Examples of reasonable accommodations include, but are not limited to, modifying the height of desks and equipment, installing computer screen magnifiers, installing telecommunications for the deaf, allowing a ten-hour/four-day workweek so that the employee can receive weekly medical treatments, providing a reasonable amount of additional unpaid leave for medical treatment, providing temporary workplace specialists to assist in training, and/or transferring an employee to the same job in another location to obtain better medical care.

The ADA does not require employers to make accommodations that would cause them an undue hardship, such as accommodations that would be unduly costly, difficult or disruptive to the workplace; however, the employer must consider alternative accommodations that would not impose an undue hardship. It is illegal for an employer to retaliate against an employee for requesting a reasonable accommodation.

Employees and applicants who have been denied a reasonable accommodation for a disability or who have been terminated, demoted or denied a job or promotion because of a disability may be entitled to pursue relief.

The Law Offices of Craig Hubble and the attorneys with whom we work have extensive employment litigation experience, and our experience, tenacity and skill have helped us thrive in this complex area of law. Because these matters typically are handled on a contingency basis, there is no fee unless and until you are compensated.

We employ a hands-on, dedicated approach to every matter, and we believe that it is vital that you get the personal attention, emotional support and tireless, high quality representation that you genuinely deserve. We are committed to protecting your rights, obtaining the best results for you and helping you get your life back on track towards a bright future. Although we are based in the Los Angeles area, our practice extends throughout California’s state and federal courts.

If you or a loved one have been denied a reasonable accommodation by your employer or have been terminated, demoted or denied a job or promotion because of a disability, contact us today for a free consultation as to your rights and potential remedies.