Failure to Provide Reasonable Accommodation
California Disability Discrimination Attorneys
You deserve the chance to use your skills and training at work, either in a new job or your current position, regardless of your disability. If your employer has failed to promote you or failed to provide reasonable accommodation so you could perform your job functions, Avila & Shaddow can help.
Contact the employment lawyers at Avila & Shaddow for help in protecting your employee rights and holding your employer accountable for disability discrimination.
Your Rights Are Guaranteed
All employees have the right to employment that is free from discrimination based on disability, and to be assured that employers will make reasonable accommodations to make work possible. These rights are guaranteed by the federal Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA). Under these laws, a disabled employee may bring a claim for discrimination based on their disability, as well as for the employer's failure to make reasonable accommodation for the employee and for its failure to engage in a good faith interactive process during which possible accommodations are addressed.
If you are qualified and have the training or skills necessary to perform the essential job functions of a position, you cannot be denied employment or promotion, forced to work in a hostile work environment, or terminated based on your physical or mental disability:
- Physical disability includes conditions such as:
- Paralysis, requiring the use of a wheelchair
- Permanent injury, requiring the use of assistive devices
- Blindness or deafness
- Illness or disease
- Mental illness
In fact once your employer knows you need an accommodation, your employer is required to engage with you in a good faith interactive process to consider possible reasonable accommodation for your disability and to provide you with accommodation if it does not impose an undue hardship on the employer. A reasonable accommodation may include such things as modification to a work station, adaptive tools or technology, flexible work schedules, time off for medical appointments, or building modifications for accessibility. An employer is required to provide reasonable accommodations for a disabled employee, unless it causes an undue hardship on the employer.
The employment lawyers at Avila & Shaddow will help you stand up against disability discrimination at work and we can help you get the reasonable accommodations you need to perform your job junctions.
For more information about your right to reasonable accommodation and what to do if your employer has denied or ignored your requests, contact Avila & Shaddow today.
