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.
1. Ignoring Accommodation Requests
Employers sometimes simply ignore employees who ask for help. Silence is not an option under the law. Employers must respond to all accommodation requests.
2. Refusing to Engage in the Interactive Process
California and federal law require a cooperative dialogue called the interactive process. Employers who shut down communication or dismiss requests without discussion are breaking the law.
3. Requiring “Perfect” Documentation
While medical documentation can be required, employers cannot demand excessive details or unlimited access to medical records. They are only entitled to enough information to understand your restrictions and needed accommodations.
4. Retaliating Against Employees
It’s illegal for an employer to punish you for requesting accommodation. Retaliation could include:
- Cutting hours
- Demoting you
- Writing negative performance reviews
- Terminating employment
5. Claiming Undue Hardship Without Evidence
Employers sometimes say accommodations are too expensive or burdensome—but under the law, they must prove it. Blanket claims of “too hard” or “too costly” usually don’t stand up in court.
What Employees Can Do
- Document everything. Keep emails, notes, and conversations.
- Be clear about what you need.
- Seek legal advice if your requests are ignored or denied.
Don’t let fear or uncertainty keep you silent. California law is on your side—and knowledgeable attorneys can help protect your rights.
