Employees with disabilities have the right to request reasonable accommodations that enable them to perform their job duties without compromising their health or dignity. Unfortunately, some workers hesitate to speak up, fearing retaliation from their employer.
At Leichter Law Firm, APC, a Los Angeles employment law firm representing workers, attorney Aryeh Leichter advises employees on how to assert their rights under California law without jeopardizing their livelihoods.
Understanding the protections in place—and how to use them effectively—is essential for navigating the accommodation process with confidence.
Disability Rights in the California Workplace
Both federal and California laws prohibit workplace discrimination based on disability. Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), qualified employees with physical or mental impairments are entitled to reasonable accommodations that allow them to perform essential job functions.
Reasonable accommodations can include modified work schedules, assistive equipment, remote work arrangements, medical leave, or changes to the physical workspace. Employers are legally obligated to engage in a good-faith interactive process to explore and implement these accommodations unless doing so would create an undue hardship.
Most importantly, the law prohibits retaliation against any employee who requests or uses a workplace accommodation.
How to Make a Request for a Workplace Accommodation in California
The request process does not have to be formal, but it should be clear and well-documented. An employee can make the request verbally or in writing, but providing written documentation is often helpful if disputes arise later.
When making a request, the employee should:
- Inform their employer that they have a medical condition or disability that requires accommodation.
- Be specific about the type of accommodation needed.
- Provide supporting documentation from a healthcare provider if requested.
- Be open to discussing alternative solutions as part of the interactive process.
Employees are not required to disclose their complete medical diagnosis; only the functional limitations relevant to the job are required to be disclosed.
Recognizing and Responding to Retaliation
Retaliation can take many forms, ranging from overt discipline or demotion to more subtle changes, such as exclusion from meetings, reassignment, or a hostile work environment. If these actions follow an accommodation request, they may be unlawful.
California law strictly forbids employers from punishing workers for exercising their rights under the FEHA or ADA. If an employee experiences retaliation, they may have grounds for a retaliation or disability discrimination claim, and they should consult with a qualified employment law attorney immediately.
Talk to a Los Angeles Employment Attorney About Your Rights
Requesting a workplace accommodation should not result in someone losing their job, reputation, or peace of mind. At Leichter Law Firm, APC, Los Angeles County attorney Aryeh Leichter provides legal guidance to employees who need support navigating disability rights and employer retaliation issues in the workplace.
If you need to request an accommodation—or believe your employer retaliated against you for doing so—contact Leichter Law Firm, APC today for a confidential consultation. Employees have rights, and enforcing them begins with understanding your position.