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DEFENDING EMPLOYEE RIGHTS THROUGHOUT CALIFORNIA

My Employer Says Providing Reasonable Accommodation would be Prohibitively Expensive. What Can I Do?

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Under California law, employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause an “undue hardship” on the business. However, employers must demonstrate that the cost or difficulty of the accommodation is truly significant—not simply inconvenient or undesirable.

What Qualifies as Undue Hardship?

“Undue hardship” refers to an action requiring significant difficulty or expense when considered in light of specific factors, including:

  • The nature and cost of the accommodation
  • The overall financial resources of the business
  • The size and structure of the employer’s operation
  • The impact of the accommodation on the workplace

This means what is considered an undue hardship for a small business may not apply to a larger company with more resources.

Your Rights Under California Law

California’s Fair Employment and Housing Act (FEHA) gives employees the right to request and engage in a good faith, interactive process with their employer to find a reasonable accommodation. Your employer cannot simply refuse without exploring possible alternatives or assessing your request properly.

What to Do If Your Request Is Denied

  • Request written justification: Ask your employer to explain in writing why the accommodation would be a hardship.
  • Suggest alternatives: Propose other cost-effective accommodations that would meet your needs.
  • Engage in the interactive process: Legally, both employer and employee must work together in good faith to find a solution.
  • Document everything: Keep records of your requests, communications, and the employer’s responses.

Filing a Complaint

If your employer refuses to accommodate you without proper justification, you may have grounds for a legal complaint. You can file a claim with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). You also have the option to pursue a lawsuit after receiving a right-to-sue notice.

Possible Legal Remedies

  • Reinstatement (if you were terminated)
  • Lost wages and benefits
  • Emotional distress damages
  • Reasonable attorney’s fees and legal costs
  • In some cases, punitive damages

Consult with an Employment Attorney

If you believe your employer is using “cost” as an excuse to deny your rights, speak with an employment attorney. At California Labor Law Employment Attorneys Group, we can help assess whether the denial was lawful and fight to secure the accommodation or compensation you deserve. Contact us today for a free consultation. You pay nothing unless we win.

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