Failure to Accommodate

Understanding your rights

California law requires covered employers to make reasonable accommodation for an employee’s known physical or mental disability or medical condition, unless doing so would cause undue hardship. California law also provides for accommodation of pregnancy-related conditions and of sincerely held religious beliefs and practices.

Under California law, failing to provide a reasonable accommodation is an independent violation of California law — separate from any claim for discrimination or wrongful termination.

Accommodations can include

• Modified schedules
• Time off or medical leave
• Remote or modified work
• Changed duties or equipment
• Reassignment to a vacant position
• Religious dress or scheduling
• Lactation accommodation

Matters we handle

• An accommodation request flatly denied
• An accommodation offered, then taken away
• An ineffective accommodation that didn’t meet the need
• Being forced onto leave instead of accommodated at work
• Not being returned to work after medical leave
• Termination after asking for an accommodation

How the firm can help

1. 01

   Trace the requests

   What you asked for, when, and exactly how the employer responded.

2. 02

   Build the record

   Gather the facts, the complaints made and how the employer responded.

3. 03

   Prepare for trial

   Every case is built from day one as if it will go before a jury.