Understanding Workplace Disability Accommodation Denials and the Interactive Process
In California, public employees and education professionals are entitled to rights under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). Disabilities may be physical, or mental, or a combination of the two. Either way, employees with a disability have the right to work with reasonable accommodations. Yet, many employees face challenges when these rights seem violated, particularly when it comes to obtaining reasonable accommodations at work. Often, employers fail or refuse to engage in the interactive process, or do not do so in good faith, leading to employees not receiving the reasonable accommodations to which they are entitled. As a disability discrimination attorney
firm in California, we encounter numerous cases where educators and school staff struggle against unjust employer actions, preventing them from working when they are able to do so with reasonable accommodations.
Identifying Denial of ADA and FEHA Accommodations
Being denied a workplace accommodation can be an overwhelming experience, especially for school staff or teachers. It's vital to recognize when this is happening, to protect your rights and seek help. If you've requested an adjustment or modification that your doctor deems necessary for performing your job, and this is ignored or denied, it's time to evaluate your situation with a California employment lawyer.
Common Reasons for Accommodation Denials
At our firm, we help clients distinguish legitimate reasons from potential discrimination and respond to them. Often, during the interactive process, employers cite undue hardship or safety concerns. However, many of these assertions can be successfully overcome, especially with experienced legal representation from lawyers for public employees in California.
How to Respond to a Denial of or Resistance to Accommodations
If you believe a denial was unjust, it's essential to document all interactions and seek legal advice promptly. A workplace disability attorney
with expertise in ADA and FEHA cases can guide you in pursuing a legal claim if necessary. This might involve filing a workplace complaint or even initiating a lawsuit against the employer.
When to Contact a Lawyer
With extensive experience in California education law and employment law, we recommend speaking to an attorney immediately if you need or have already been denied accommodations. Our consultation service
allows you to explore your options, ensuring your rights as an educator are protected.
Schedule Your Legal Consultation Today
Whether you're a teacher, college professor, instructor, administrator, or school staff member, understanding and protecting your workplace rights is crucial. Contact a one of our lawyers today to ensure you navigate the challenges of obtaining disability accommodations and overcoming denials of reasonable accommodations confidently and with the necessary legal advocacy and guidance.
