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DEFENDING EMPLOYEE RIGHTS THROUGHOUT CALIFORNIA

Can I Be Legally Fired in California for Requesting Reasonable Accommodation?

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No, under California law, it is illegal for an employer to fire you simply for requesting a reasonable accommodation for a disability or medical condition. The Fair Employment and Housing Act (FEHA) protects employees from termination or retaliation based on the assertion of their legal rights, including the right to request accommodation.

Understanding FEHA Protections

FEHA requires California employers with five or more employees to provide reasonable accommodations to qualified individuals with physical or mental disabilities, as long as it does not impose an undue hardship on the business. It also protects employees from being retaliated against for making such requests.

What Counts as Retaliation?

Termination isn’t the only form of retaliation. Other retaliatory acts can include:

  • Demotion or denial of promotion
  • Reduction in hours or pay
  • Negative performance reviews following your request
  • Unfavorable job assignments or exclusion from meetings

If your termination or mistreatment closely follows your accommodation request, this could indicate unlawful retaliation under FEHA.

When Can an Employer Legally Terminate You?

Employers in California may terminate employees for legitimate, non-discriminatory reasons, such as poor performance, company restructuring, or policy violations. However, they cannot use these reasons as a pretext to mask retaliation for an accommodation request.

Additionally, if the requested accommodation would cause an “undue hardship” to the employer (meaning significant difficulty or cost), they are not legally required to provide it—but they still cannot fire you simply for asking.

What to Do If You’re Fired After Requesting Accommodation

If you believe you were fired in retaliation, you can take the following steps:

  • Document everything: Keep detailed records of your accommodation request, your employer’s response, and the timeline of your termination.
  • File a complaint: Submit a complaint to the California Civil Rights Department (CRD), formerly known as the DFEH.
  • Seek legal advice: Speak with an employment attorney to understand your rights and the strength of your case.

Legal Remedies

If your claim is successful, you may be entitled to:

  • Reinstatement to your former position
  • Back pay and lost benefits
  • Emotional distress damages
  • Attorney’s fees and court costs
  • Punitive damages in cases of willful misconduct

Contact a California Employment Attorney

Being fired for requesting a reasonable accommodation is both unjust and unlawful. At California Labor Law Employment Attorneys Group, we’re committed to defending workers’ rights and holding employers accountable. If you believe you were wrongfully terminated, contact us today for a free consultation. We work on a contingency basis—you don’t pay unless we win your case.

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