Failure to Accommodate Disability Lawyer in San Diego | The Larabee Law Firm

California workers are protected from employment discrimination on several different grounds, including disability.

Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees are legally required to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and perform essential job duties.

If an employer fails to accommodate your disability, a San Diego employment lawyer can help you take legal action.

What is a reasonable accommodation?

The California Fair Employment and Housing Act does not specify what accommodations are and are not reasonable. Rather, it mandates an individualized assessment of the job and the specific physical or mental limitations of the employee. Possible accommodations may include, but are not limited to:

• Changing job duties

• Making facilities accessible to disabled individuals

• Providing paid or unpaid leave for medical care

• Modifying work schedule

• Relocating the work area

Ultimately, an employer has the final say in what accommodations are provided to a worker. The primary requirement is that the employer initiates an “interactive process” when he or she becomes aware of the need for an accommodation and works in good faith to devise a solution that will allow a disabled employee to continue working.

What are my rights to family and medical leave in California?

In addition to sick days and vacation time provided by your company’s policies, California employees have a legal right to take leave from work for specific reasons under federal and state laws. The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take 12 weeks of unpaid leave per year to:

• Bond with a new child through birth, adoption, or foster care placement

• Recover from a serious health condition

• Care for a seriously ill family member (parent, spouse, or child)

• Handle practical matters arising from a family member’s military service

Employees are also entitled to up to 26 weeks of unpaid leave to care for a family member who suffered a serious injury or illness while serving in the military. Additionally, California has laws that provide employees with leave for family and medical reasons, including pregnancy disability leave, military deployment leave, and domestic violence leave, as well as time off to attend jury duty, to vote, and to attend a child’s school or daycare activities.

With a few exceptions, employees are entitled to return to their prior job positions when their leave is over. If you believe you are entitled to FMLA leave and your employer has refused to restore your employment upon returning to work, call a San Diego employment lawyer right away.