An employee with a disability may need workplace adjustments to perform essential job duties. California law requires employers to provide reasonable accommodations in many situations, but employers often deny, delay, or ignore accommodation requests.
If this has happened to you, you may feel stuck between protecting your health and keeping your job. You may have legal options if your employer refuses to engage in the interactive process. After a violation, workers often ask about how to fight back against a denial for reasonable accommodation requests. An employment attorney at Erkel Law, P.C. can help.
Many employers deny requests because they claim the accommodation is too difficult, unnecessary, or disruptive. Some of the most disputed accommodation requests include:
Employers generally must engage in a good-faith interactive process to explore reasonable solutions when they become aware of an employee’s need for accommodation. Your employer cannot simply say “no” and end the conversation. Disputes often arise when employers reject options without fully exploring what alternatives are available or discussing how to address any logical adjustment requests.
One of the most common problems that leads an employee to fight back is not the reasonably requested accommodation itself, but the employer’s failure to discuss how to solve the problem and their dismissal of what the employee needs.
The interactive process is communication between you and your employer aimed at finding effective accommodation, which may involve reviewing medical information, discussing job duties, and considering different options.
Warning signs of a potential violation include:
Even if a specific accommodation is not reasonable, your employer may still have a duty to consider other options.
You should not assume that an initial denial is the final answer. To help strengthen your claim, you should submit your requests in writing, document your conversations with supervisors, and keep copies of all communications. You should also obtain supporting medical documentation when appropriate, ask for clarification regarding the denial, and request a discussion regarding alternative accommodations.
Documentation often becomes important evidence later, and a written record can show when you made your requests and how your employer responded. Retaliation is another employment law issue to look out for. Employers are not allowed to retaliate against workers for requesting reasonable accommodations or for simply asserting their workplace rights.
When your employer denies accommodation requests without proper consideration, you can carefully document your interactions to challenge the decision and begin fighting back fairly.
The state’s protections for workers who need reasonable accommodations are only effective when employers follow the rules. If an employer refuses to participate in the interactive process, ignores accommodation requests, or takes adverse action after you make a request, legal guidance may be necessary. A lawyer can assist you with such disputes by reviewing employment records, evaluating communications between the parties, and determining whether your employer met its legal obligations under state disability discrimination laws. If you are wondering about rejected reasonable accommodation requests, what employers often deny, and how to fight back, speak with Erkel Law, P.C., and let an attorney answer your questions.
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