Under California and federal employment laws, workers with disabilities have the right to reasonable workplace accommodations that enable them to perform their duties effectively. If your employer ignores, delays, or denies your request for a disability accommodation, it can create unnecessary challenges and even violate your legal rights.
If you face this situation, it is essential to take the proper steps to protect yourself and hold your employer accountable. Here, the Los Angeles employment law attorney at Leichter Law Firm, APC, Aryeh Leichter, explains.
Understanding Your Right to Workplace Accommodations
Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employers must provide reasonable accommodations to employees with disabilities unless doing so would cause an undue hardship to the business.
Reasonable accommodation may include:
- Modified work schedules.
- Remote work or telecommuting options.
- Adjustments to job duties.
- Specialized equipment or assistive devices.
- Additional break time or leave for medical treatment.
- Reassignment to a vacant position.
If you have submitted a valid request for accommodation and your employer ignores or refuses to cooperate, they may be violating your legal rights.
Steps to Take If Your Employer Ignores Your Request
If your employer ignores your request for a disability accommodation, taking action as soon as possible is crucial. Failing to address the issue could lead to unnecessary challenges in the workplace and may result in further violations of your rights.
Following the steps outlined below, you can protect yourself, document the situation, and take the necessary legal action if your employer refuses to comply with disability accommodation laws.
- Follow Up in Writing
If your initial request was made verbally, follow up with a written request via email or letter to ensure there is documentation. Be specific about your requested accommodation and reference your rights under the ADA or FEHA.
- Keep Records of All Communications
Maintain a record of emails, letters, medical documentation, and any responses (or lack thereof) from your employer. If your employer continues to ignore your request, this documentation can be crucial evidence if legal action is necessary.
- Request an Interactive Process Meeting
Employers are legally required to engage in an interactive process, which means they must work with you to determine a reasonable accommodation. If your employer has not initiated this process, formally request a meeting to discuss your needs.
- File a Complaint with HR
If your direct supervisor or manager is not addressing your request, escalate the issue to your company’s Human Resources (HR) department. HR is responsible for ensuring the company complies with employment laws.
- File a Complaint with a Government Agency
If your employer continues to ignore your request or denies accommodations without valid reasoning, you can file a complaint with:
These agencies investigate disability discrimination claims and may take legal action against non-compliant employers.
- Consult an Employment Attorney
If your employer refuses to comply with disability accommodation laws, you may have a strong legal case. An experienced Los Angeles employment attorney can help you file a claim, seek compensation, and ensure your employer is held accountable.
Speak with a Los Angeles Disability Discrimination Attorney
The Leichter Law Firm is dedicated to protecting the rights of employees who face disability discrimination and accommodation denials. If your employer ignores your accommodation request, we can help you take legal action and fight for the accommodations you need. Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, to explore your options and pursue justice.