In California, your employer is generally not required to continue your employment while you pursue a lawsuit related to reasonable accommodation—unless specific legal protections or court orders apply. However, the facts of your case and how your employer handles your accommodation request may influence whether their actions are lawful or retaliatory.

Reasonable Accommodation Lawsuits and Employment Status

When you sue for failure to accommodate under California law or the federal Americans with Disabilities Act (ADA), you are asserting that your employer failed to make necessary adjustments that would allow you to perform your job. These lawsuits often arise when an employer denies a reasonable request or refuses to engage in an interactive process to explore accommodations.

Filing a lawsuit does not automatically protect your job. However, if your employer terminates you in response to asserting your rights, this may constitute unlawful retaliation.

When Termination May Be Illegal

• Retaliation: If you are fired because you requested accommodation or filed a complaint, it could be considered retaliation under California’s Fair Employment and Housing Act (FEHA).
• Failure to engage in the interactive process: Employers are legally required to communicate with employees to identify possible accommodations before taking adverse actions.
• Disability discrimination: Firing someone solely based on their disability status is unlawful if the employee can still perform essential job functions with reasonable accommodation.

When Termination May Be Legal

• Undue hardship: If your requested accommodation imposes a significant difficulty or expense on the employer, they may lawfully deny it and terminate your employment.
• Inability to perform: If no reasonable accommodation exists that would allow you to perform your essential job duties, your employer may be within their rights to end your employment.

Your Legal Options

If you’ve been terminated or fear termination while pursuing a reasonable accommodation claim, you may have grounds for a lawsuit based on:

• Disability discrimination
• Retaliation for exercising your rights
• Failure to provide reasonable accommodation
• Failure to engage in the interactive process

Consult a California Employment Attorney

Employment law involving disabilities and reasonable accommodation is complex. If you believe you’ve been wrongfully terminated or retaliated against, speak with an experienced employment lawyer. At California Labor Law Employment Attorneys Group, we offer free consultations and work on a contingency basis—so you pay nothing unless we win your case.