Failure To Accommodate

According to the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA), employers must make reasonable accommodations to help employees with disabilities perform their job duties. If you have needs that are protected under these acts, your employer's failure to accommodate them could be a violation of your rights.

Since 1970, Carlin & Buchsbaum, LLP, has defended the rights of employees who have been wronged in the workplace. We have represented thousands of clients in a wide range of employment law issues, including failure to accommodate cases. One of our experienced lawyers will meet with you to assess your situation. If you have a strong legal claim, we will diligently gather evidence to support it and fight to defend your rights in court.

Experienced Disability Discrimination Attorneys

In California, FEHA holds employers to strict standards. They must go through an interactive process to determine if an employee's disability can be accommodated. If they cannot accommodate, they must provide a reason.

Below are two typical scenarios that are protected under FEHA's disability accommodation laws:

  • An employee receives orders from a doctor, due to a disability or serious medical condition that prohibits certain tasks such as lifting, standing or reaching overhead. If an employee is still able to perform essential duties of the job, then an employer must make accommodations.
  • An employee is fired after 12 weeks of disability leave not covered by the Family and Medical Leave Act (FMLA). This is illegal unless the employer can prove the employee's absence caused an undue hardship.

If these or similar scenarios are a reality for you, you may be entitled to legal action against your employer. If you are still employed, our attorneys can help you assert your rights to accommodation. If you lost your job, we will take swift legal action to fight for the compensation and reinstatement you deserve.

Contact Our Law Firm Today — Find Out How Our Lawyers Can Help

Please contact us for your free, confidential initial consultation. Based in Long Beach, Carlin & Buchsbaum, LLP, represents individuals throughout Southern California. Because our fees are charged on a contingency basis, you will not pay attorney's fees unless your case results in a successful recovery.

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