Failure To Accommodate Disability

Employers have a legal obligation to make reasonable allowances for a disability or medical condition. Unfortunately, some employers refuse such accommodations or try to force those employees out.

Were you fired or harassed for requesting disability accommodations or taking protected leave? Were you forced to endure hardships or forced to quit because an employer would not accommodate your disabling condition? The experienced attorneys of California Employment Counsel, APC, can forcefully assert your rights. We hold Southern California employers accountable for disability discrimination and wrongful termination.

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Were Your Employment Rights Violated?

Both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) outlaw discrimination on the basis of an actual or perceived disability. Furthermore, the law requires employers to make reasonable accommodations for disabilities and medical conditions. The employer must engage in a good faith interaction with the employee to find a way to make it work.

Failure to accommodate may apply to:

  • Physical accommodations such as adaptive technology
  • Work schedules (flexible hours, working from home)
  • Doctor restrictions (light duty, reduced hours)
  • Intermittent time off for medical/therapy appointments
  • Extended leave after surgery or illness

Under the California Family Rights Act, employees are allowed up to 12 weeks of job-protected leave for injury or illness. Under disability laws, however, employers still have a duty to the worker beyond 12 weeks if ongoing accommodation or additional leave is required.

Denied Disability Leave Or Accommodations?

Our Orange County employment lawyers have helped clients recover compensation for employers’ failure to accommodate disabilities. To find out if you have a case and how we can help, contact us online or call (714) 462-8376 or toll free at 866-545-2415 to arrange a free consultation.

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