Failure To Accommodate Disability

California Government Code § 12940 (m) provides that it is unlawful for an employer to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee.

Failure to accommodate disability may include denying an employee’s requests for an ergonomic chair, adjustable standing desk, or speech-to-text software for someone with chronic musculoskeletal or vision issues. Maintaining an office where the only entrance is via stairs, or failing to provide an accessible bathroom for wheelchair users. Refusing to allow schedule adjustments or time off for vital medical appointments or treatments. Refusing to abide by an employee’s reasonable light duty work restrictions (e.g. No pushing, pulling or lifting more than 10 pounds. No sitting, standing or walking for more than 30 minutes). Enforcing strict, universal rules—such as requiring all employees to work exclusively sitting down—which inadvertently excludes those who cannot stand or sit for long periods. 

Refusing to adjust harsh fluorescent lighting or reduce excessive noise levels for neurodivergent employees (e.g., those on the autism spectrum). Failing to grant an employee a finite leave of absence to recover from an injury, disability or a medical condition. Terminating an injured worker without considering a staged return-to-work program, or refusing to reallocate minor, non-essential tasks to accommodate an injury. Failing to offer flexible workloads, quiet spaces, or more frequent check-ins for workers managing psychological conditions or neurodiversity.  Or discharging an employee from their employment on account of their work restrictions.

If you believe that your employer failed to accommodate your disability, contact the Law Offices of Ugo O. Asobie. Free Consultation. Failure to accommodate disability cases are handled on contingency.