Failure to Accommodate a Disability in California: Your Rights in 2026
- Tom Feher, Esq.
From Tom Feher, Esq.
“Most failure to accommodate cases start with something small: a chair, a schedule change, a stool at a register. What turns them into major FEHA cases is an employer that never sits down for the conversation the law requires. When we take these cases to a jury, the question is never whether the accommodation was expensive. It is why nobody at the company ever seriously talked about it.”
Thomas Feher, Esq. · Founding Attorney, Feher Law APC · 50+ jury trials to verdict · $170M+ recovered · Super Lawyers 2022-2026
Short answer: if your California employer denied a reasonable accommodation for your disability, or never engaged in the required conversation about one, you likely have a claim under Government Code section 12940, which makes both the failure to accommodate (subdivision (m)) and the failure to engage in a timely, good faith interactive process (subdivision (n)) unlawful employment practices. FEHA applies to employers with 5 or more employees, places no cap on your damages, and gives you three years to file with the Civil Rights Department (CRD). Feher Law’s California employment lawyers have recovered more than $170 million for California clients, and the consultation is free.
Key Takeaways
- Two separate violations: denying a reasonable accommodation (Government Code 12940(m)) and refusing to discuss one in good faith (12940(n)) are each independently unlawful.
- The interactive process is mandatory. Once your employer knows about your disability, it must engage in a timely, good faith dialogue about accommodations. Silence, delay, or a flat “no” can itself be the violation.
- Reasonable accommodations are usually cheap: modified schedules, remote work, equipment, reassignment to an open position, or finite leave. Employers escape only by proving undue hardship.
- FEHA beats the ADA for most workers: it covers employers with 5+ employees (the ADA needs 15+) and has no cap on compensatory or punitive damages, while federal caps stop at $300,000.
- Deadlines: three years to file a CRD complaint under Government Code section 12960, then one year from your right-to-sue notice under Government Code section 12965.
Denied an accommodation at work?
Get a grounded number before you talk to HR again. Use our free disability discrimination settlement calculator or call (310) 340-1112 for a free case evaluation. You pay nothing unless we win.
What Counts as a Failure to Accommodate a Disability in California
Under Government Code section 12940, an employer must make reasonable accommodation for the known physical or mental disability of an employee or applicant unless it can prove the accommodation would produce undue hardship. The employer separately must engage in a timely, good faith interactive process: the back and forth conversation, usually with your doctor’s input, about what would let you do the job. Common violations we see:
- Ignoring a doctor’s note with work restrictions, or treating it as a resignation
- Denying a schedule change, remote work, or modified duties without discussing alternatives
- Refusing finite medical leave as an accommodation, or firing you at the end of protected leave instead of discussing return to work options
- Never responding at all: requests that disappear into HR are the most common interactive process failure
- Forcing you onto unpaid leave when a simple on-the-job accommodation would work
You do not need to use the word “accommodation” or fill out a form. Once the employer knows of the disability and the difficulty it causes, the legal duty is triggered.
How to File a Failure to Accommodate Claim in California
Step 1: Put the request in writing. Email your supervisor or HR describing your limitation and what would help. A dated written request defeats the “we never knew” defense.
Step 2: Get medical documentation. A short note listing restrictions is enough. Your employer is entitled to the restrictions, not your diagnosis.
Step 3: Document the employer’s response. Save every reply, every meeting date, every denial. A gap of weeks with no employer response is evidence of a 12940(n) violation.
Step 4: File with the Civil Rights Department (CRD). You have three years under Government Code section 12960. Most people request an immediate right-to-sue letter through counsel, then have one year to file in court under Government Code section 12965.
Step 5: Do not quit before getting advice. Resigning can convert a strong accommodation case into a harder constructive discharge case. Talk to a lawyer first; the consultation is free.
What a Failure to Accommodate Case Is Worth
FEHA damages are uncapped, and value tracks what the denial cost you. The components:
| Damage type | What it covers |
|---|---|
| Lost wages and benefits | Back pay from a wrongful termination or forced unpaid leave, plus front pay while you find comparable work |
| Emotional distress | Uncapped under FEHA; often the largest component where the denial led to termination |
| Punitive damages | Available on clear and convincing evidence that management acted with malice or conscious disregard |
| Attorney fees and costs | FEHA shifts your reasonable attorney fees to the employer when you prevail |
Cases where the employer skipped the interactive process entirely and then terminated tend to sit at the top of the range; a denied accommodation with no job loss sits lower. For a range built on your own numbers, use the free disability discrimination settlement calculator linked above, and see our ADA lawsuit settlement amounts guide for how the same facts get capped when filed federally. Every case is different and depends on its specific facts.
What to Expect When You Work With Feher Law
1. Free Case Evaluation: We review your request, the medical restrictions, and every employer response. No cost, no obligation.
2. Evidence Preservation: We secure the email trail, personnel file, and witness accounts before they disappear.
3. CRD Filing and Right to Sue: We handle the Civil Rights Department process and the deadlines.
4. Demand and Negotiation: We negotiate from trial strength, and you approve or reject every offer.
5. Trial When It Counts: More than 50 jury trials to verdict. You pay nothing unless we win.
Frequently Asked Questions
It is an employer's refusal to make a reasonable accommodation for a known physical or mental disability, made unlawful by Government Code 12940(m). Refusing to engage in a timely, good faith interactive process about an accommodation is a separate violation under 12940(n). Either one alone supports a FEHA claim.
Common examples include modified schedules or duties, remote work, assistive equipment, reassignment to a vacant position you can perform, and a finite leave of absence. The touchstone is whether it lets you perform the essential functions of the job without undue hardship to the employer.
No. The employer can choose among effective accommodations. What it cannot do is deny your request without engaging in the interactive process, or offer nothing at all when an effective option exists.
Three years from the violation to file a complaint with the Civil Rights Department under Government Code 12960, and then one year from your right-to-sue notice to file a lawsuit under section 12965. Earlier is always stronger: evidence and witnesses fade.
No. Forced unpaid leave, lost hours, a denied promotion tied to the refusal, or working in pain because a cheap accommodation was denied can all support a claim. Termination usually raises the value, but it is not required.
Usually. FEHA covers employers with 5 or more employees, the ADA requires 15. FEHA has no cap on compensatory or punitive damages; the ADA caps them at $50,000 to $300,000 by employer size. California lawyers file most of these cases under FEHA for those reasons.
The employer bears the burden of proving undue hardship, judged against the employer's size and resources, not the manager's budget. Courts rarely accept cost arguments from established companies for modest accommodations.
Nothing up front. Feher Law handles FEHA cases on contingency: the consultation is free and we are paid only if we win. FEHA also lets the court order the employer to pay your attorney fees when you prevail.
Talk to a California Employment Trial Firm
Feher Law has recovered more than $170 million for California clients, with more than 50 jury trials to verdict. Call (310) 340-1112 or start a free case evaluation. Free consultation, English or Spanish. You pay nothing unless we win.
Last reviewed by Thomas Feher, Esq. – September 2026
