Failure to Accommodate a Physical or Mental Disability

A disability is a physical condition that affects your ability to perform a major life function.   A disability may be physical or mental. Examples of a physical disability may include cancer, a spinal injury that makes it difficult for you to work without some help, or hearing impairment. Mental disabilities may include Attention Deficit Disorder, depression, or an extreme anxiety condition. If your disability affects a major life function such as seeing, hearing, or your ability to work you may have the right to have your employer provide reasonable accommodations so that you can continue to work. If the accommodation will allow you to continue to work, and it is reasonable, the employer may be required to provide such an accommodation. Examples or accommodations may include a modified work schedule, a leave of absence, hearing assistance, or in some cases a job transfer to a job that you can perform.

The way to initiate the reasonable accommodation process is to provide information from your doctor to your employer as to what functions you are unable to perform and why. Once the employer gets sufficient information from your physician the employer is required to engage in an interactive dialogue with you to determine what accommodations the employer can provide. The accommodation must be reasonable and must not put an undue burden on the employer.

If you are disabled and feel that you need an accommodation at work to continue to perform your job at an adequate level, please contact your Sacramento Reasonable Accommodation Attorneys, David Foos and Sean Gavin. We have many years representing workers with disabilities and can help you. We can be reached at 916-779-3500, or on the web at This email address is being protected from spambots. You need JavaScript enabled to view it..


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