Legal Question in Disability Law in California

Re: Denial of reasonable accommodation

Mr. Kirschbaum is absolutely correct in his assessment, so I only need to add a couple of things. It is also illegal for an employer to create a hostile work environment because an employee has requested accommodation or is disabled. Also, an employer cannot allow employees to create an hostile work environment.

Re: Denial of reasonable accommodation

When an employee requests a reasonable accommodation, the employer is legally required to engage in what we call an "interactive process" to work with the employee and determine what accommodation, if any, works best for both parties to enable the employee to perform the essential functions of their job. The accommodation does not have to be the one that the employee desires, but one that allows you to work. Only when the employer can show that all of the identified accommodations cause an undue hardship to the business is the employer excused from having to reasonably accommodate you.

If you believe this employer has failed in living up to these obligations, you should have your case reviewed by an experienced labor law attorney in your area, or contact the California Department of Fair Employment and Housing. You definitely want to file any claims under California law, not the Americans with Disabilities Act (the ADA), as California law is far more employee friendly than is federal law when it comes to disability discrimination.

Be aware that the time to file a claim with the State is one year from the time you were denied a reasonable accommodation.

Re: Denial of reasonable accommodation

if you can email me more information and facts on your medical conditions, restrictions, and how management is harassing or discriminating against you, i may be able to further assist you in your case.