Failure to Accommodate
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Yamin Law Group
Failure to Accommodate
In California, failure to accommodate is a violation of the state’s labor laws. Employers are required to provide reasonable accommodations to employees with disabilities, religious beliefs, and other protected characteristics. Failure to do so can result in legal action and financial penalties.
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.
Yamin Law Group
summary
In summary, California labor law requires employers to provide reasonable accommodations to employees with disabilities and religious beliefs. Failure to accommodate can result in legal action and financial penalties. Employers should engage in a good faith interactive process with employees to determine what accommodations may be needed and should work to find reasonable solutions that do not impose an undue hardship on the business.