Failure to Accomodate

A Failure to Accommodate Your Disability Is a Violation of Your Rights

A disability does not mean you have to be relegated to unemployment. In fact, California law, including the Fair Employment and Housing Act (FEHA), explicitly protects employees who need certain accommodations to be effective employees. You have a right to “reasonable accommodations” from your employer, including assistive devices, a modified work schedule, and a host of other reasonable measures.

If you have sought accommodations but have been refused (or had accommodations taken away), allow ARCH Legal PC to help. One of our team’s California employment law attorneys will not only fight for necessary accommodations but will also seek compensation for any harm you’ve suffered in the interim.

Call ARCH Legal PC at (866) 331-1338 or email us today to schedule a consultation with an employment law attorney. Employment law is what we do, and we will waste no time in seeking justice and accommodations for you.

Accommodations That Most Disabled Employees in California Are Entitled To

Gainful employment is an essential source of purpose and fulfillment for many. When you have any sort of disability, the stabilizing force of steady work can be even more important. Yet, many disabled employees cannot do their jobs effectively without certain accommodations, which may include:

• Physical devices, like ergonomic chairs, screen-reading software, specialized computer equipment, and other resources that directly enhance the employee’s ability to do their job effectively
• Physical spaces, such as a private work area
• Ramps, handrails, and other workplace accessibility features
• Regular breaks, modified schedules, and leeway in start and finish times
• Human assistants
• Modified work responsibilities (for instance, someone who has a pain-related disability should not be tasked with physical work that would exacerbate the pain)
• Specialized materials, such as documents with a large font
• Modifications to standard workplace policy, such as rules relating to support animals
• Personalized training
• Special periods of paid or unpaid leave, which may be justified per the Federal Family and Medical Leave Act, the California Family Rights Act, or other legislation

The California Fair Employment and Housing Act, as well as federal legislation, including the Americans with Disabilities Act (ADA), require most employers to provide these reasonable accommodations. While certain accommodations (like wheelchair ramps) are necessary for the general public, employers must provide specific accommodations according to individual employees’ unique needs.

When It’s Time to Call ARCH Legal PC About a Failure to Accommodate Your Disability

If an employer has explicitly refused you the accommodations you are entitled to, now is the time to speak with the ARCH Legal PC team. Other failures can also prompt you to hire an employment law attorney, including:

• Refusing to discuss your needs: An employer who refuses to discuss your accommodations earnestly may as well be refusing your request for those accommodations. If you feel your employer keeps kicking the conversation about your disability down the road, hiring a lawyer will show them how serious you are.
• Delays in providing the resources you need: Providing reasonable accommodations is legally required, just as having a functioning fire alarm and a harassment-free workplace is the law. There is no excuse for waiting to comply with federal or state law.
• Half-measures: If your employer has implemented inadequate half-measures, this is just as unacceptable as an employer taking no measures at all. “Reasonable accommodations” means full accommodations.
• Citing workplace policies as the final arbiter: An employer may have used the same workplace policy for four decades. You might be the first employee ever to request the accommodations you are seeking. This is irrelevant. The ADA, FEHA, and other statutes take precedence over any workplace policy.

You might also face retaliation for demanding reasonable accommodations to which you are statutorily entitled. Such retaliation can include wrongful termination, harassment, failure to promote, and other unacceptable measures. Employer retaliation is another problem that ARCH Legal PC can assist you with.

What ARCH Legal PC Brings to Your Case

ARCH Legal PC is an experienced team of legal professionals who are passionate about employment law. Through our casework, we have seen how disabled employees in all professional fields are routinely denied the accommodations they are entitled to.

We enact the change our clients need and deserve, and we pursue compensation for the harm our clients have suffered due to their employers’ failures to accommodate. Choose ARCH Legal PC to lead your case in California because:

• We are a law firm solely focused on employment law, so you never have to worry about a lack of experience, shallow legal knowledge, or distraction from other case types—employment cases are all we handle
• We have secured more than $300 million for clients, with many multi-million-dollar recoveries from opponents who were determined not to pay our clients fairly
• Client service is just as important as case results, and you will be treated like family from your consultation through the final steps of your case
• We build our strategies around our clients, rather than using the cookie-cutter approaches that too many other firms employ

Our California employment law attorneys are also trial-ready at all times. If liable parties will not own their financial obligations to you or continue to refuse fair accommodations, we will be ready to make your case in court.

How We Respond to Employers’ Failure to Accommodate Their Disabled Employees.

Your employment law attorney from ARCH Legal PC may secure the resolution you deserve by:

• Documenting your disability (with help from medical professionals and other qualified experts)
• Citing the FEHA, ADA, and other statutes to establish the statutory basis for requesting accommodations
• Documenting and calculating any damages you’ve suffered because of the prior failure to accommodate your disability
• Seeking a fair settlement for harm already caused
• Demanding the accommodations you deserve, if you plan to continue with your employer

If it’s up to us (and what you wish), we can get justice and necessary accommodations without animosity between you and your employer. We are cooperative when employers operate in good faith, but we are also ready to fight for our clients when circumstances call for it.

Our Employment Law Attorneys Will Demand Fair Compensation for Your Damages (and Necessary Changes in Your Workplace)

You may deserve compensation for pain and suffering, back pay, benefits you deserved but did not receive, and out-of-pocket costs you incurred because you were not granted reasonable accommodations. We will consider all economic and non-economic damages as we build your case and form our financial demands.

Call ARCH Legal PC Today for Your Consultation

ARCH Legal PC’s unique blend of relevant employment law experience, eight-figure case results, and compassion for clients is an appealing combination. Look no further for an employment law attorney and law firm you can trust.

Call ARCH Legal PC today at (866) 331-1338 or complete our contact form. We want to hear about your disability, necessary accommodations, and potential for a case today.