California law protects employees with disabilities or medical conditions by requiring employers to provide reasonable accommodations that allow them to perform essential job duties. If your employer refuses to accommodate your needs, you have several legal options to assert your rights and seek recourse.

Your Rights Under FEHA

The Fair Employment and Housing Act (FEHA) is the primary law in California that prohibits discrimination and requires employers to provide reasonable accommodations to qualified employees with disabilities. Employers must also engage in a good-faith interactive process to explore possible accommodations.

What Is Considered a Refusal?

Your employer may be in violation of FEHA if they:

• Ignore or delay responding to your request for accommodation
• Fail to initiate or participate in the interactive process
• Deny accommodations without justification
• Retaliate against you for requesting an accommodation

An employer may only deny a request if providing the accommodation would cause “undue hardship,” meaning significant difficulty or expense relative to the business’s size and resources.

Steps You Can Take

If you believe your employer has unlawfully refused your request, consider the following steps:

• Document everything: Keep written records of your request, correspondence, and your employer’s response or lack thereof.
• Follow up: Politely remind your employer of your request and ask for updates in writing.
• File a complaint: You can file a complaint with the California Civil Rights Department (CRD), formerly the DFEH.
• Request a right-to-sue notice: If the CRD does not resolve the matter, you can request a right-to-sue letter to pursue a civil lawsuit.

Possible Legal Remedies

If your claim is successful, you may be entitled to various forms of relief, such as:

• Reinstatement to your position
• Payment for lost wages and benefits
• Compensation for emotional distress
• Reasonable attorneys’ fees
• Punitive damages in cases of egregious misconduct

Get Legal Help

Dealing with workplace discrimination or denial of accommodation can be overwhelming. The California Labor Law Employment Attorneys Group is committed to defending the rights of employees across the state. If your employer has refused to provide reasonable accommodation, our experienced attorneys can help you understand your legal options and take effective action. We offer free consultations and work on a contingency basis, so you pay nothing unless we win your case. Contact us today to speak with a qualified employment lawyer.