Employees with disabilities in California have the right to ask for accommodations. You can request modifications to enable you to perform your essential job functions. However, what happens if your supervisor responds with a “no” or silence?
Under federal and state law, employers must follow the process of receiving reasonable accommodation requests from employees. Understanding your rights is the first step in taking action against discrimination.
Why an employer should accommodate requests
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) grant you the right to request reasonable accommodations. However, these generally apply based on the size of the company. While the ADA applies to employers with 15 or more employees, the FEHA applies to employers with five or more employees.
These laws mandate employers to engage in an interactive process that is timely and in good faith. This means that your supervisor should invite you to a discussion regarding adjustments. During this, both parties must actively participate in finding a fair and reasonable solution.
What failing to accommodate looks like
When you send a request for an accommodation, your employer should act promptly. Delaying their response on purpose and refusing to engage in an interactive process can be signs of failing their legal obligations.
Moreover, your boss can flat-out deny your request by stating that it could cause undue hardship. California law sets a high bar for proving this standard. They must provide proof that your reasonable accommodation would cause significant operational or financial disruption.
Taking control of the narrative
Do not let a denial be the end of the conversation. Document every interaction, and save every email. If the interactive process felt like a dead end, write a follow-up memo summarizing their refusal. You are building a paper trail that proves you attempted to cooperate while they chose obstruction.
Standing up against workplace discrimination alone is a weight you should not have to carry. Seeking legal counsel from an employment attorney can give you the guidance you need in protecting your rights as an employee.