Reasonable Accommodations & Failure to engage in the interactive process
When Your Employer Refuses to Work With You, It’s Illegal.
When Your Employer Refuses to Work With You, It’s Illegal.
Under both California and federal law, employees with physical or mental disabilities have a legal right to reasonable accommodations that allow them to do their jobs. Employers are not only required to provide accommodations — they must also engage in a good-faith interactive process to figure out what support is needed.
When employers ignore, delay, or shut down these requests, they’re breaking the law.
What Are Reasonable Accommodations?
A reasonable accommodation is any change to the work environment or the way things are usually done that allows a person with a disability to perform the essential functions of their job.
Common Examples of Reasonable Accommodations:
- Modified work schedules (e.g., part-time, flexible hours)
- Extended medical leave or intermittent leave
- Reassignment to a vacant position
- Work-from-home options or telecommuting
- Ergonomic equipment or accessible workspaces
- Job restructuring or reassignment of non-essential tasks
- Assistive technology, interpreters, or readers
Employers must provide accommodations unless it causes “undue hardship”—a high bar that requires showing significant difficulty or expense.
What Is the Interactive Process?
The interactive process is a required, ongoing conversation between the employer and employee to identify and implement a suitable accommodation. Once you inform your employer of your need for accommodation (formally or informally), they must:
Acknowledge your request
Explore potential accommodations
Engage in a timely and good-faith dialogue
Implement an appropriate solution or explain why they cannot
Failure to engage in this process is a separate legal violation, even if no accommodation is ultimately possible.
When Employers Break the Law
Employers violate your rights when they:
- Ignore or deny your accommodation request without discussion
- Demand a doctor’s note for every request but refuse to follow up
- Automatically place you on leave instead of exploring workplace options
- Reject accommodations based on assumptions, not facts
- Delay or stall for weeks or months with no action
- Claim “undue hardship” without any analysis or alternatives
In California, these actions violate the Fair Employment and Housing Act (FEHA), specifically:
Gov. Code § 12940(m): Duty to provide reasonable accommodations
Gov. Code § 12940(n): Duty to engage in a timely, good-faith interactive process
Gov. Code § 12940(a), (h): Prohibition on disability discrimination and retaliation
Federally, the Americans with Disabilities Act (ADA) requires similar duties under 42 U.S.C. § 12112(b)(5)(A).
What If No Accommodation Was Provided?
Even if your employer eventually granted some accommodation, if they delayed, ignored, or mishandled your request, they may still be liable. Courts recognize that a failure to engage in the interactive process alone is actionable and can entitle you to damages — especially when the employer’s conduct worsened your condition or forced you to resign.
What You Can Recover
If your employer violated your accommodation rights, you may be entitled to:
- Back pay and front pay
- Reinstatement to your position
- Emotional distress damages
- Civil penalties and punitive damages
- Attorneys’ fees and legal costs
READ OUR BLOG
Your Right to Reasonable Accommodation: How California and Federal Law Protect Disabled Workers
For millions of workers, living with a disability shouldn’t mean sacrificing a career. Under both California law and federal law, employees with physical or mental disabilities have powerful rights to stay employed and perform their jobs safely and effectively. One of the most critical protections? The right to reasonable accommodation.
Top 5 Ways Employers Fail Disabled Workers Seeking Reasonable Accommodations
Disability laws in California and nationwide are designed to level the playing field for employees with physical or mental health conditions. Yet, employers often fail to uphold these laws—sometimes through ignorance, and sometimes willfully. Here are the top 5 mistakes employers make when handling reasonable accommodation requests—and what workers should watch for.
The Interactive Process: Your Key to Securing Reasonable Accommodation at Work
When an employee discloses a disability and requests help, the law doesn’t expect employers to automatically know the perfect solution. Instead, both sides must engage in the interactive process—a crucial, legally required discussion to explore reasonable accommodations. So how does this process work—and what happens when employers refuse?
You Don’t Have to Tolerate This.
If your employer failed to work with you when you needed help, forced you out, or punished you for requesting accommodations, we can help. At Employees First Labor Law, we fight for workers who were ignored, isolated, or fired because of a disability or medical condition.
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