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Can your employer refuse a disability accommodation?

If your disability affects your ability to perform your job, you may have the right to a reasonable workplace accommodation under California law. This could mean a modified schedule, changes to your work environment, additional leave or another adjustment that helps you perform your essential job duties.

While employers are not legally required to grant every accommodation an employee requests, it doesn’t mean they have unlimited discretion to refuse these requests. Here’s more on this.

Employers must engage in an interactive process

When an employer becomes aware that you may need disability accommodation, California law generally requires them to engage in a timely, good-faith interactive process with you. This means discussing your limitations, the essential functions of your position and potential accommodations that could enable you to continue working. Both you and your employer should participate in this process and exchange information that can help identify an effective accommodation.

If your employer refuses to engage in the interactive process, dismisses your request without meaningful consideration or rejects reasonable alternatives without a legitimate basis, it may be a violation of your rights.

What should you do after a denial?

If your employer denied your request for disability accommodation, it’s important to look at what led to that decision. Did they explain why the accommodation would not work? Did they suggest another option? Did they discuss your limitations with you, or was your request dismissed outright? 

Keep records of your accommodation request, the medical documentation you provided, your employer’s response and any related communications. These details can help establish whether your employer followed due process when handling your request. Seeking professional legal guidance can help you assess whether the denial was legally justified and determine what steps may be appropriate for protecting your rights.

 

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