Disability Accommodation & Interactive Process

Employees with disabilities or medical conditions have the right to request reasonable accommodations that allow them to perform the essential functions of their job. Under both federal and California law, employers are required not only to provide reasonable accommodations when appropriate, but also to engage in a timely, good-faith interactive process to determine what accommodations are necessary.

At Bokhour Law Group, PC, we represent employees whose rights to reasonable accommodation have been violated. Many workers are unaware that the law goes beyond simply prohibiting discrimination. Employers have an affirmative duty to work collaboratively with employees to identify effective accommodations based on their specific limitations and job responsibilities.

7,800,000

Class Action

900,000

Individual Plaintiff

4,400,000

Class Action

850,000

Individual Plaintiff

4,100,000

Class Action

725,000

Individual Plaintiff

3,600,000

Class Action

420,000

Individual Plaintiff

3,500,000

Class Action

355,000

Individual Plaintiff

3,450,000

Class Action

3,300,000

Class Action

2,870,000

Class Action

The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) both provide protections for employees with disabilities. FEHA, in particular, offers broader protections and applies to employers with five or more employees. Under these laws, a disability does not need to be severe or permanent. It only needs to limit a major life activity, and even temporary conditions may qualify.

The interactive process is a critical part of these protections. It requires open communication between the employer and employee to explore reasonable accommodations. This may include adjustments to job duties, modified work schedules, assistive devices, remote work options, medical leave, or reassignment to a vacant position. Employers who ignore requests, delay responses, or fail to meaningfully participate in this process may be in violation of the law.

Common examples of accommodation and interactive process violations include:

• Failing or refusing to provide a reasonable accommodation
• Ignoring or delaying responses to accommodation requests
• Failing to engage in a good-faith interactive process
• Denying accommodations without proper evaluation
• Terminating an employee after requesting an accommodation
• Demoting or reducing hours due to medical limitations
• Forcing an employee to take leave when another accommodation is available
• Retaliating against an employee for requesting accommodations

Employers are not required to provide accommodations that would create an undue hardship, but they must be able to demonstrate this with evidence. Simply denying a request without discussion or exploration of alternatives is not sufficient under the law.

Employees who experience violations of their accommodation rights may be entitled to compensation, including lost wages, reinstatement, damages for emotional distress, and other remedies. In some cases, employers may also be required to change their policies and practices to prevent future violations.

Taking action can help ensure that your needs are respected and that employers comply with their legal obligations. Bokhour Law Group, PC has extensive experience representing employees in disability accommodation and interactive process claims across California. We are committed to helping you understand your rights and advocating for fair treatment in the workplace.