In California, employees with disabilities are protected under laws that require employers to provide reasonable accommodations. This protection stems from both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). However, situations often arise when employees submit a doctor’s note requesting accommodation, only to be Denied a Reasonable Accommodation by their employer. This can create a challenging and stressful environment, as employees may feel trapped between their health needs and the responsibilities of their employer. Understanding the legal implications of such a denial and knowing your options is crucial in navigating this type of situation.
What Does Reasonable Accommodation Mean in California? 
Reasonable accommodation refers to changes or adjustments in the workplace that allow an employee with a disability to perform their job duties effectively. These accommodations can vary greatly depending on the specific needs of the employee and the nature of the job. They might include modifications to the work environment, adjusting work schedules, providing assistive technology, or even allowing telecommuting, among others. The goal is to enable employees with disabilities to have equal opportunities and enjoy the same benefits and privileges as their non-disabled colleagues.
In California, both the ADA and FEHA mandate that employers engage in an interactive process with employees requesting accommodations. This means the employer is required to discuss the employee’s needs, consider potential accommodations, and determine what can be done to help the employee perform their job duties. The employer is not required to provide the exact accommodation requested but must make reasonable efforts to provide an alternative solution.
What to Do When Your Employer Denies Your Accommodation Request
A denial of reasonable accommodation after submitting a doctor’s note can leave an employee feeling helpless. However, it is important to understand that there are steps you can take to protect your rights. While your employer may not always agree to your requested accommodation, they are legally obligated to consider it and engage in a discussion to explore alternative options.
Engage in the Interactive Process
The first step in any accommodation request is the interactive process. This process involves a conversation between the employee and employer to determine the best course of action. If your employer denies your request for accommodation outright without engaging in this process, they may be violating both federal and state law. Under both the ADA and FEHA, employers must engage in a dialogue with you to explore how your disability affects your ability to perform the essential functions of your job and what accommodations can be made.
If you find that your employer is unwilling to engage in this process, you should request it in writing. Document your request for accommodation and the employer’s response. This documentation can serve as critical evidence if you need to pursue a legal remedy.
Document All Communications
One of the most important things you can do in this situation is to document everything. Keep copies of any medical documentation you provide to your employer, including your doctor’s note. Also, maintain records of all communications with your employer regarding your accommodation request, including emails, memos, and notes from meetings.
This documentation will be important if you need to pursue legal action or file a complaint with the appropriate regulatory bodies. By having clear records of your interactions, you are better positioned to prove that you made a reasonable request and that your employer failed to comply with their legal obligations.
File a Complaint with the Department of Fair Employment and Housing
If you believe your employer has denied your accommodation request without valid reason, or has refused to engage in the interactive process, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH investigates claims of disability discrimination and failure to provide reasonable accommodations under FEHA.
Filing a complaint with the DFEH is an important step in protecting your rights. The DFEH will review the facts of your case and may take action against your employer if they find that they have violated the law. This could result in a resolution such as a settlement, a requirement for your employer to provide the accommodation, or other remedies.
Seek Legal Advice
If you have been denied a reasonable accommodation or have faced retaliation for requesting one, consulting with an experienced employment law attorney is essential. An attorney can help you understand your rights, provide legal advice, and represent you in discussions or litigation if necessary.
At The Myers Law Group, we offer free consultations to individuals facing disability discrimination in the workplace. We can help you navigate the legal process, whether it involves filing a complaint with the DFEH or taking legal action against your employer for failing to provide a reasonable accommodation.
What Are the Consequences for Employers Who Fail to Provide Reasonable Accommodations?
When an employer refuses to provide a reasonable accommodation, they can face serious consequences. Under both the ADA and FEHA, employees who have been discriminated against based on their disability can seek damages for lost wages, emotional distress, and other harm caused by the denial of accommodation.
In some cases, employers may be required to provide the requested accommodation or an alternative solution, depending on the circumstances. If the matter goes to court, employers may also face penalties and have to pay for the employee’s attorney fees.
Being denied a reasonable accommodation after submitting a doctor’s note can feel overwhelming, but understanding your rights and the steps you can take to protect yourself is essential. The laws in California provide strong protections for individuals with disabilities, and you do not have to face this situation alone.
If you have been denied reasonable accommodation, take action. Document everything, engage in the interactive process, and seek legal guidance if necessary. The Myers Law Group is here to help you understand your options and fight for the accommodations you deserve.
If you’ve been denied reasonable accommodation or faced discrimination based on your disability, contact The Myers Law Group for expert legal guidance. We are here to help you understand your rights and take the necessary steps to protect your job and health.
