Failure to Accommodate a Claim

Failure to reasonably accommodate an employee is unlawful, and an employee may be able to recover damages unless the employer can demonstrate undue hardship, as defined by the law.¹ Under the FEHA, an employee can also bring a separate claim for failure to engage in the interactive process.² For more information on what constitutes undue hardship, see Undue Hardship..

Under FEHA, the mere act of requesting a reasonable accommodation is protected, and an employer can’t discriminate or retaliate against a person for requesting the accommodation — regardless of whether the request was granted.³