Fresno Failure to Accommodate Lawyer: Denied Reasonable Accommodation (FEHA/ADA)
If you have a physical or mental disability, or a medical condition, your employer has a legal duty under the California Fair Employment and Housing Act (FEHA) to engage in a timely, good-faith interactive process to find a reasonable accommodation. Denial of this accommodation or firing you as a result is a serious violation. This often leads to a claim for disability discrimination.
What is a Reasonable Accommodation in Fresno?
A reasonable accommodation is any change in the work environment or the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. In Fresno, common denials we see include:
- Refusing to allow medical leave or extended time off to recover (see also: FMLA/CFRA claims).
- Denying a modified work schedule or part-time employment.
- Failing to provide special equipment or ergonomic changes (e.g., a special chair, hands-free phone).
- Failing to reassign an employee to a vacant position when they can no longer perform their current job.
The Interactive Process: The Employer's Non-Negotiable Duty
Your employer cannot unilaterally reject your request. They must meet with you (or your lawyer) to discuss the request. This is known as the "interactive process." Failing to participate in this process is a violation in itself, even if no suitable accommodation is ultimately found.
Expert Tip: We often use the employer's failure to follow the interactive process—as defined by cases like Brundage v. Hahn—to strengthen our client's lawsuit and prove liability under FEHA.
When Does Failure to Accommodate Become Wrongful Termination?
If your employer denies a reasonable accommodation and subsequently terminates you because you cannot perform the essential functions of the job without it, that termination is likely wrongful termination and a form of disability discrimination.
Case Review: If you believe you were fired because a medical condition made you unable to perform your job, or because your doctor has put you off work, contact us immediately.
Final CTA: Protect Your Rights in Fresno County
If your employer has ignored your doctor's orders or refused to discuss a necessary job change, you need an attorney who understands the complexities of FEHA and ADA compliance. Give us a call for a free consultation at(818) 783-7300 to talk to a Fresno employee lawyer. Serving All Of Fresno County.
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All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Fresno County
We have proudly served all of Fresno County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
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Additional Sites
BostonLaborLaw.com
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JobLawyer.net
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VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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