Failure to Accommodate

Failure to reasonably accommodate an employee is unlawful under both the FEHA and ADA, and an employee may be able to recover damages unless the employer can demonstrate undue hardship, as defined by the law.

Under the FEHA, an employee can also bring a separate claim for failure to engage in the interactive process. In addition, under FEHA, the mere act of requesting a reasonable accommodation is protected activity and an employer can’t discriminate or retaliate against a person for requesting the accommodation — regardless of whether the request was granted.¹ For more information, see Failure to Accommodate Claim.