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My employer denied my request for reasonable accommodation of my disability. What should I do?

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415.925.5161

My employer denied my request for reasonable accommodation of my disability. What should I do?

If your employer refused to provide reasonable accommodations or failed to discuss them during an interactive process, you may have a disability discrimination claim. While it can be frustrating when an employer denies a valid request for reasonable accommodations, there are steps you can take to assert your rights.

Be sure to document your request for reasonable accommodations as well as your employer’s unsatisfactory response. Putting your request in writing helps establish your side of the story. The paper trail can also serve as a valuable record of the facts if you decide to take legal action against your employer in the future. Address your request to both your immediate supervisor and the human resources department.

You should also consider reaching out to a qualified employment lawyer, particularly when your employer terminates your employment, or won’t let you return to work. An attorney can give you specific advice on your legal options after examining the facts of your case. The lawyer can also help assess your accommodation request and determine whether you have grounds for a disability discrimination claim. You may be able to file a formal complaint with a government agency or bring a lawsuit in court.

Under California law, most employers have a duty to provide reasonable accommodations to employees with known disabilities so that they can carry out their essential job duties. Sometimes employers have valid reasons for refusing reasonable accommodations, known as undue hardship.

Undue hardship can mean an employer may experience excessive costs or significant challenges in providing appropriate accommodations for your disability. If there is no undue hardship, however, your employer is required to enter an interactive process with you to consider suitable options for accommodations, such as purchasing special equipment or modifying the office to make it wheelchair accessible, reassigning you to an open job position that you’re qualified for, or any number of other actions.

McCormack Law Firm is dedicated to protecting the rights of workers. Contact us today to learn more about how our San Francisco employment lawyers can help you fight disability discrimination in the workplace.

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Client testimonials

I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.

Roger J.

This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.

Shanic M.

I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

Peter S.

I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.

Kyle B.