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.