California law provides robust protections for employees with disabilities. It is unlawful for an employer to fire you for requesting or needing reasonable accommodation. If you believe your termination was retaliatory or discriminatory, understanding your rights alongside a San Mateo disability discrimination attorney is the first step toward seeking justice. The Law Offices of Jeannette A. Vaccaro PC can help you navigate this complex situation and fight for the compensation you deserve.
A reasonable accommodation is any adjustment to the work environment or how a job is performed that enables a qualified employee with a disability to perform the key functions of their role. The goal is to remove barriers and achieve equal employment opportunities.
Common examples include:
Accommodations are tailored to the individual. There is no one-size-fits-all solution, and what qualifies will depend on your specific disability and job requirements.
California law gives employees with disabilities clear protections. Understanding those protections and what to do when an employer violates them is the first step toward taking meaningful action.
Several laws require employers to provide reasonable accommodations. The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. California’s Fair Employment and Housing Act (FEHA) goes further, covering employers with 5 or more employees and offering broader protections.
Employers are required to provide accommodations unless doing so would result in “undue hardship,” meaning significant difficulty or expense. That is a high bar for employers to meet, and they cannot simply refuse without engaging in a good-faith process with you first.
Once you inform your employer of your need for an accommodation, they are legally required to engage in what is known as the interactive process. This is a timely, good-faith dialogue between you and your employer to identify an effective solution.
Employers must:
Failure to participate in this process or denying a reasonable accommodation without justification may give rise to a disability discrimination claim.
It is equally important to understand the limits of these protections. An employer is not required to:
Termination following an accommodation request raises serious legal concerns. California law prohibits retaliation against employees who request accommodations or assert their disability rights. If your employer fired you instead of engaging in the interactive process or used your request as a pretext for termination, that may constitute both wrongful termination and disability discrimination.
If you believe you were terminated after requesting reasonable accommodations for a disability, it’s crucial to act quickly. California law requires employers to engage in a good-faith interactive process to find a workable solution, and firing an employee for asserting their rights is illegal. You may be entitled to compensation for lost wages, emotional distress and other damages.
Navigating a wrongful termination or disability discrimination claim requires experienced legal guidance. At the Law Offices of Jeannette A. Vaccaro PC, our San Mateo disability discrimination attorney has a proven track record of seeking positive results for employees. Contact us today for a free, confidential case evaluation to understand your options.
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.
Settlement after arbitration in a disability discrimination case involving a tech worker.
Settlement after successful jury verdict in disability discrimination case.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Settlement on behalf of a janitor in a medical leave retaliation case.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.
