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Can you be fired for requesting a disability accommodation?

If you have a medical condition or disability, you may be entitled to reasonable accommodations at your workplace to help you perform your essential job duties. This may include modified tasks, adjusted hours, assistive equipment or even time off for treatment.

Under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), you have the right to request reasonable accommodations from your employer if you have a qualifying disability.

Employer retaliation is illegal

The law protects you from any form of employer retaliation for asserting your right to reasonable workplace accommodations. As such, your employer cannot legally fire you or take negative actions against you just because you spoke up or asked for a disability accommodation. If they do, you can take legal action against them.

Your employer should also respond to your request for workplace accommodation promptly and in good faith. If they ignore or delay your request indefinitely, it could be a violation of your rights. Employers are legally obligated to engage employees in an interactive process aimed at finding a workable solution.

Document everything

If you’ve requested a disability accommodation at your job, keep detailed records just in case. Save any related emails, written requests, relevant dates and notes from conversations with your supervisor or HR. If your employer denies your request, ask for the reason in writing. This documentation can be invaluable if problems arise later, like retaliation, demotion or termination.

While the law is on your side, understanding your rights as an employee in California and holding your employer accountable can be overwhelming on your own. If you’ve faced hardships of any kind after requesting a disability accommodation at your workplace, seek qualified legal guidance to take informed action and protect your interests.

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San Diego, CA 92108

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San Diego, CA 92130

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Carlsbad, CA 92009

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