Los Angeles Failure to Accommodate Lawyer
We Represent Los Angeles Workers When Employers Ignore the Accommodation Duty
Under California’s Fair Employment and Housing Act (FEHA), failure to accommodate is its own legal claim, distinct from a general disability discrimination case. It arises when an employer denies a reasonable accommodation for a known disability or refuses to engage in the back-and-forth communication the law requires. Both duties exist independently, and an employer who violates either one can be held liable. If your employer ignored your request, stalled, or terminated you without exploring options, you may have grounds to pursue a claim.
We represent workers throughout Los Angeles and the San Fernando Valley from our office in Van Nuys. Laurel Employment Law, APC takes only employee-side cases, so every strategy, document review, and negotiation we conduct is focused entirely on protecting you.
If your employer denied or ignored an accommodation request, call us at (310) 929-6371 to schedule a free consultation. There’s no obligation and no upfront cost.
Why Los Angeles Workers Choose Laurel Employment Law, APC
Founder and CEO Joshua White spent more than a decade as a corporate executive, including serving as Head of Strategy and General Counsel for a large multinational corporation, before founding this firm. That background means we understand how employers think about accommodation requests, how they document their decisions, and where their defenses are vulnerable. Joshua White was named one of the Daily Journal’s Top Labor and Employment Lawyers of 2026.
Because we represent workers only, there’s no conflict pulling our approach in two directions. Our singular focus is holding employers accountable.
Two Separate Duties Employers Owe Under FEHA
FEHA imposes two distinct obligations on California employers. The first, under Government Code section 12940(m), is the duty to provide a reasonable accommodation for a known physical or mental disability unless doing so would create an undue hardship, meaning significant difficulty or expense. The second, under Government Code section 12940(n), is the duty to engage in a timely, good-faith interactive process to identify what accommodation would work. An employer can violate either duty independently, even if it made some effort to satisfy the other.
The Interactive Process Requirement
The interactive process is the required communication between employer and employee to determine whether accommodation is possible and what form it should take. California courts, including the 2020 decision in Shirvanyan v. Los Angeles Community College District, require an employee to show that a reasonable accommodation was actually available at the time the interactive process should have occurred. That showing matters, and it’s the kind of case-specific analysis we work through with every client.
How California’s Disability Definition Differs from Federal Law
California’s definition of disability is broader than the federal standard. The Americans with Disabilities Act requires that a condition substantially limit a major life activity to qualify for protection. FEHA sets a lower bar: a condition need only limit a major life activity, a threshold confirmed in Colmenares v. Braemar Country Club (2003). More employees qualify for protection here than they would under a federal analysis alone.
Award-Winning Business
850+ Real 5-Star Google Reviews
Read about how our approach to employment law makes a difference in the lives of California workers. To learn more or get started with a consultation, call us at (310) 929-6371 today.
-
"Excelente"
¡Recomendaría ampliamente trabajar con Laurel Employment!- Chance K. -
"Incredible Attorney"
Joshua White is a rising star in the legal profession. One of the sharpest minds in the field today.- Chris A. -
"Friendly, Supportive, Professional, and Respectful"
I felt supported during all my interactions with staff; everyone is friendly, supportive, professional, and respectful. I could not have asked for a better outcome.- Julierie D. -
"Lucharon en Mi Nombre"
Toda la experiencia, desde mi primera llamada telefónica, fue de primera clase en todo momento. Me sentí escuchado y comprendido. Lograron un excelente acuerdo para mí.- Justin U. -
"¡Representación Excepcional!"
Defendieron mis derechos con firmeza y lograron un resultado extraordinario, superando mis expectativas.- Albert L. -
"Clear and Transparent"
I’m truly grateful for their support and highly recommend them.- Maryl Ann C.
Filing Deadlines & the CRD Process for FEHA Claims
Before you can file a FEHA lawsuit in California court, you generally must first file an administrative complaint with the California Civil Rights Department (CRD) and obtain a right-to-sue notice. That step is generally mandatory. Once you receive the notice, you generally have one year to file a civil lawsuit.
California employees generally have three years from the date of the discriminatory act to file their CRD complaint, a window extended from one year by AB 9, which took effect January 1, 2020. Where an employer engaged in a repeated pattern of failing to accommodate over time, the continuing violation doctrine recognized in Richards v. CH2M Hill, Inc. (2001) may allow you to treat that pattern as a single course of conduct for deadline purposes rather than measuring from the first individual incident. These are general parameters, and deadlines vary by the specific facts of each case, which is one reason early legal review matters.
Potential Remedies in a Successful Case
Employees who prevail on a failure-to-accommodate claim may be entitled to a range of remedies. What’s available depends on the facts, the employer’s conduct, and the harm the employee experienced.
Remedies that may be available include:
- Back pay for lost wages during the period of violation
- Front pay where reinstatement isn’t a practical option
- Emotional distress damages
- Punitive damages in cases involving particularly egregious employer conduct
- Equitable relief, including reinstatement to your position