Employees with a documented disability that substantially limits one or more major life activities may be entitled to reasonable accommodations. The employee must also be qualified to perform the essential functions of their job with or without the accommodations.
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(415) 444-5800Reasonable Accommodations
Reasonable Accommodations in San Francisco
All employees deserve the chance to perform their jobs effectively. For individuals with disabilities, this often means having access to reasonable accommodations that remove barriers in the workplace. Understanding your rights is the first step toward ensuring you receive the support you need to succeed. If you believe you have been unfairly denied accommodations and feel unsure of how to proceed, you are not alone. Navigating employment law can be complex, but an attorney can help you recognize your options. The Law Offices of Jeannette A. Vaccaro PC is prepared to guide you through this process.
Our practice focuses exclusively on the employee’s side of workplace disputes, including disability discrimination, wrongful termination, and the denial of reasonable accommodations. We understand how personal these cases are. Behind every claim is someone who simply wanted a fair chance to keep working. That’s why our attorney brings both legal skill and genuine care to every case we take.
What Is a Reasonable Accommodation?
A reasonable accommodation is any change to the work environment or the way a job is typically performed that allows a qualified employee with a disability to do their work. Examples include a modified schedule, ergonomic equipment, reassigned non-essential duties, or a leave of absence for treatment.
Two laws protect this right. The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. The California Fair Employment and Housing Act (FEHA) offers broader protections and applies to employers with five or more employees. Under both laws, employers must engage in a good-faith interactive process and grant accommodations unless doing so would create an undue hardship.
Employee Rights and Responsibilities
To receive an accommodation, you must inform your employer of your needs. This initiates what is known as the interactive process, a dialogue between you and your employer to determine an effective accommodation. When an employer skips that process, denies a workable request, or terminates you rather than accommodating your disability, the law may be on your side.
While you have the right to a reasonable accommodation, your employer can choose among effective options and may deny a request if it fundamentally alters the job or poses a significant difficulty or expense.
Examples of Reasonable Accommodations
Accommodations are tailored to individual needs and can vary widely. Common examples include:
- Restructuring job duties or reallocating non-essential tasks.
- Modifying work schedules to allow for medical appointments or rest periods.
- Supplying ergonomic furniture, such as an adjustable-height desk.
What Is Not Required?
It is important to know the limits of what an employer must provide. An employer is not required to:
- Eliminate an essential function of the job.
- Lower established production or quality standards.
- Provide personal-use items like hearing aids or wheelchairs for use outside of work.
Employer Responsibilities
Once an employer is aware of an employee’s need for an accommodation, they must engage in a timely, good-faith interactive process. This involves an individualized assessment of the job and the employee’s specific limitations to find a workable solution. Failure to provide reasonable accommodations may warrant a disability discrimination claim, which can be filed alongside an attorney.
Who We Assist in Reasonable Accommodation Cases
Many former employees do not realize that a failure to accommodate can be the foundation of a wrongful termination claim. If any of the following situations sound familiar, we may be able to help:
- Fired while your request sat unresolved. You asked for a workplace change tied to a physical or mental limitation. Still, your employer ignored or repeatedly delayed the request, then terminated you for the very attendance or performance problem the change would have solved.
- Fired after a denial with no alternatives discussed. You proposed an adjustment that would let you keep performing your job, yet your employer rejected it outright, refused to explore other options, and let you go because you could not continue under unchanged conditions.
- Fired after a working arrangement was taken away. You had successfully done your job with an established schedule, piece of equipment, or duty modification, but a manager revoked it and later fired you when the original barrier returned.
- Fired after being sent home instead of allowed to work within your restrictions. You were ready to work within documented medical restrictions, but you were removed from the schedule or placed on unpaid leave, then terminated without seriously considering the duties you could perform.
- Fired instead of being considered for other available work. You could no longer perform part of your current role but believed you could handle another open position, yet your employer refused to discuss a reassignment and instead ended your employment.
Every case is different, and this list is not exhaustive. If your termination followed an accommodation request or a disability-related need, we encourage you to reach out.
How to Address Disability Discrimination
Pursuing a disability discrimination claim can feel intimidating, especially when you are still recovering from the loss of your job. Our goal is to make each step clear and manageable. Here is what working with our firm generally looks like:
- Free case evaluation. We start by listening to your story and reviewing the facts to assess whether you have a viable claim.
- Investigation and evidence gathering. We collect documentation, such as accommodation requests, medical records, performance reviews, and termination notices, to build a strong foundation.
- Filing your claim. We handle the administrative and legal filings required under the ADA and FEHA, so deadlines and procedures are met correctly.
- Negotiation and resolution. Many cases resolve through settlement. We negotiate assertively to pursue the compensation you deserve.
- Litigation, if necessary. When an employer refuses a fair resolution, we are prepared to take your case to arbitration or trial.
Throughout the process, we keep you informed and involved. You will never be left wondering where your case stands.
Why Choose Us?
Several things set the Law Offices of Jeannette A. Vaccaro PC apart when it comes to reasonable accommodation and disability discrimination cases.
First, we represent employees only. We never work for employers, which means our attention stays fully on protecting workers’ rights. Second, our results speak for themselves, with more than $20 million recovered for employees and significant verdicts and settlements in disability discrimination cases specifically. Additionally, clients consistently describe our hands-on, personal approach. Jeannette takes the time to understand each client’s circumstances and works with them, not just for them.
We also bring deep knowledge of California employment law. Jeannette has published widely on disability protections under FEHA and regularly speaks at professional conferences on employment law. That depth of experience matters when your future is on the line.
Consult With an Attorney Today
A reasonable accommodation is a legal right, not a favor. These laws are in place to dismantle barriers and promote fairness, allowing you to perform your job to the best of your ability. When an employer denies that right and terminates you because of a disability, you may be entitled to compensation and accountability.
Should your employer neglect to participate in the interactive process, or have wrongfully denied your request for accommodation, it may be time to seek legal advice. Reach out to the Law Offices of Jeannette A. Vaccaro PC today to discuss your options.
FAQs About Reasonable Accommodations in California
How Do I Request a Reasonable Accommodation?
To request an accommodation, you should inform your employer of your need for assistance due to a medical condition. While it does not need to be in writing, providing a written request can help document the process.
Can My Employer Deny My Request for a Reasonable Accommodation?
An employer may deny a request if it would cause an undue hardship to the business, such as significant expense or operational difficulty. However, the employer must engage in an interactive process to explore possible solutions.
Do I Need to Disclose My Medical Condition to Request an Accommodation?
Employers may require documentation from a healthcare provider to confirm the need for an accommodation, but disclosure should be limited to what is necessary to support your request. Employers must maintain confidentiality regarding this information.
Can I file a claim if I was fired after asking for an accommodation?
Possibly. If your employer failed to provide a reasonable accommodation, refused to engage in the interactive process, or terminated you because of your disability, you may have grounds for a disability discrimination claim under the ADA or FEHA.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$475,000
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
What Our Clients Say
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