Disability Discrimination & Failure to Accommodate

Employees with physical or mental disabilities are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Disability discrimination occurs when an employer refuses to provide accommodations, fails to engage in the required interactive process, retaliates against an employee for requesting help, or terminates the employee instead of complying with its legal obligations.

Disabilities can include physical injuries, chronic medical conditions, mental health conditions, or other medical limitations, whether temporary or permanent. An employee does not need to be visibly disabled to be protected, and many qualifying disabilities are not immediately obvious to others in the workplace. Once an employer becomes aware of a disability or medical limitation, the law requires meaningful communication and a good‑faith effort to identify reasonable solutions.

We frequently represent employees whose accommodation requests were ignored, delayed, or dismissed outright. Common examples include refusing modified work duties, denying remote or flexible schedules, rejecting ergonomic or medical equipment, or insisting on strict attendance policies that conflict with documented medical needs. In many cases, employers label these requests as “too inconvenient” or claim hardship without ever engaging in the interactive process required by law.

Disability discrimination often escalates after an employee discloses a medical issue. Employees may suddenly face increased scrutiny, discipline, or termination, even when they were performing well before the disclosure. Retaliation for requesting accommodations is unlawful and frequently used to mask discrimination.

At Servin Rodriguez Law, we enforce disability rights under California law by holding employers accountable when they choose termination over accommodation. We investigate employer failures, document violations, and pursue compensation for lost wages, benefits, and emotional distress. When necessary, we litigate disability discrimination and wrongful termination claims to ensure employees are treated with fairness, dignity, and respect.

Common Examples of Disability Discrimination

• Refusing reasonable accommodations after an employee discloses a medical condition or disability
• Ignoring or delaying accommodation requests, forcing the employee to struggle or worsen their condition
• Failing to engage in the interactive process, including refusing to discuss possible accommodations in good faith
• Denying modified duties, light duty, or flexible scheduling despite medical documentation
• Rejecting remote or hybrid work requests when the job can reasonably be performed off‑site
• Enforcing rigid attendance or productivity policies without considering medical limitations
• Terminating or disciplining an employee instead of accommodating their disability
• Retaliating against an employee for requesting accommodations or medical leave
• Sudden negative performance reviews or increased scrutiny after disclosure of a disability
• Claiming accommodations are an “undue hardship” without conducting any real analysis
• Pressuring an employee to resign rather than adjusting job duties or schedules
• Treating temporary medical conditions as unprotected, even when the law requires accommodation

Why This Matters:

Employers are required to engage in a meaningful, good‑faith interactive process once they become aware of a disability or medical limitation. Choosing termination, discipline, or inaction over accommodation is unlawful. Disability discrimination often appears after disclosure — when an employee needs support the most — and retaliation for requesting help is itself a violation of California law.