Employer Failure To Engage In An Interactive Process To Accommodate Disability

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Are you struggling to adapt at work because of a disabling condition? Does your disability make it impossible to sustain employment in your current capacity? California employers are required to make reasonable accommodations for disabled employees. In fact, the law requires employers to engage in a two-way conversation with you to find a workable solution.

Under California’s Fair Employment and Housing Act (FEHA), employers must engage in a timely, good faith, interactive process when an employee requests accommodation for a known physical or mental disability or a known medical condition.

If your employer has denied a reasonable accommodation and refused to engage in an interactive process, talk to a Bay Area employment discrimination lawyer at The Armstrong Law Firm. Call toll free at (415) 909-3945 or e-mail us today.

Your Rights Under FEHA & the ADA

The employment law attorneys of The Armstrong Law Firm are knowledgeable about your rights under California’s FEHA and the federal Americans with Disabilities Act (ADA). Our firm is committed to asserting your rights and holding employers accountable for violating these important protections.

Under FEHA, employers are responsible for accommodating an illness, injury or disability. They cannot simply refuse an employee’s request. Nor can employers dictate a take-it-or-leave-it “solution.” Your employer is obligated to work with you to honor your request unless it creates an undue hardship for the company.

Many employers simply fail or refuse to engage in a dialogue that will lead to a practical remedy. For example, a person with a back injury might need permanent lifting restrictions or frequent breaks to walk around. A person with a mental disability may be able to focus and function better in another position or department. The accommodation may be physical, such as special equipment, or administrative, such as adjusting your work hours or duties. Whatever the disability, the employer must remain flexible and open to helping you create a work environment that acknowledges and alleviates your struggles.

Contact Our Employee Rights Advocates Today

We force employers to live up to their obligations and we pursue damages for employer failure to engage in an interactive process to accommodate disability. Call toll free at (415) 909-3945 or e-mail us to arrange a free consultation. We represent clients from all over the Bay Area, including Marin County, Oakland and San Francisco.