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Disability and Accommodations

Last updated on February 24, 2021

If you have a problem with an employer’s accommodation of your disability on the job, or if you have suffered employment discrimination on account of a disabling condition, you might have grounds for a lawsuit against your employer under the California Fair Employment and Housing Act (FEHA) or the federal Americans with Disabilities Act (ADA). For further information and a free preliminary evaluation of your circumstances, contact the Bay Area workplace disability attorneys at Lawless, Lawless & McGrath.

Skilled San Francisco Disability Law Attorneys Serving San Francisco

In order for your disability to qualify you for protection under either the FEHA or the ADA, you must have a physical or mental condition that limits you in a major life activity, such as mobility, vision, or communication. Examples of disabilities that are generally considered a disability under state or federal law include:

  • Confinement to a wheelchair
  • Severe limitations as to eyesight or hearing
  • Speech impediment
  • Back or neck injuries
  • Chronic medical conditions, such as heart or lung diseases
  • Mental illness or depression

Employers are required to make a reasonable accommodation that is to be mutually agreed through an “interactive process” with the worker. In some cases, however, the employer fails to engage effectively or constructively in the effort to find an acceptable accommodation, while in other cases, it’s the employee who fails to respond to an offer of accommodation in time to preserve the right to negotiate over the nature or extent of the disability accommodation.

The best time to engage an attorney in disability accommodation questions is during the interactive process, when you and the employer work out the details of conforming your work conditions to your needs. Our disability accommodation lawyers make sure that you don’t sacrifice or waive any important rights during this procedure, and we can also see that the employer’s commitment to provide reasonable accommodation is properly documented and implemented.

In cases where the employer fails either to engage with the interactive process in good faith or to follow through with reasonable accommodations, the employee might have a claim based on state or federal statutes and for discrimination on the basis of her disability. For further information, contact the California employment law attorneys at Lawless, Lawless & McGrath.

The San Francisco disability law attorneys at Lawless, Lawless & McGrath represent employees in situations involving inadequate accommodations in the workplace for disabilities such as blindness, loss of hearing, limited mobility, cancer treatments, speech impediment, or mental illnesses. Our Bay Area disability accommodations lawyers serve clients throughout California, including San Francisco.