Failure to Accommodate

Workers with disabilities have the right to do their jobs on a level playing field. When an employer refuses to provide a reasonable accommodation, it not only harms the employee, it breaks the law. At Michael Yerzinkyan Law, we represent employees throughout Southern and Central California whose employers have failed to accommodate a disability or medical condition.

Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees must provide reasonable accommodations to qualified workers with a physical or mental disability, unless doing so would cause undue hardship. Accommodations can include a modified schedule, leave for medical treatment, ergonomic equipment, reassignment to a vacant position, or adjustments to job duties. Critically, FEHA also requires the employer to engage in a timely, good-faith interactive process, a back-and-forth discussion to identify an effective accommodation. An employer that ignores a request, delays without justification, or refuses to explore options can be liable even if an accommodation would ultimately have been possible. Our attorneys document the request, the employer’s response, and the breakdown in that process.

Employees who prove a failure to accommodate may recover a substantial measure of damages, including lost wages and benefits, compensation for emotional distress, and punitive damages where the employer acted with malice or reckless indifference. Reinstatement, injunctive relief, and attorney’s fees and costs may also be available. Michael Yerzinkyan Law offers a free, confidential consultation to help you secure the accommodations and the fair treatment you are owed.