California Failure to Accommodate Lawyer

Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees are required to provide reasonable accommodations to employees with disabilities, including physical or mental impairments that limit one or more major life activities. The employer must engage in a good faith interactive process with the employee to determine what accommodations may be needed, and to assess whether those accommodations would impose an undue hardship on the business.

Employers are also required to provide reasonable accommodations to employees with sincerely held religious beliefs. This includes allowing time off for religious observances or modifying work schedules to accommodate religious practices, unless doing so would create an undue hardship on the business.

Failure to accommodate can result in legal action by the employee, including a discrimination lawsuit filed with the California Department of Fair Employment and Housing (DFEH). If the DFEH determines that an employer has violated the law, the employer may be required to provide back pay and other damages to the employee, as well as pay fines and penalties.