Denied Workplace Accommodations After Bodily Injury? California Employers Have Specific Obligations

Akopyan Law Firm, A.P.C. Insights Team2025-11-11T20:30:51-08:00

📌 Key Takeaways Denied or ignored after a bodily injury? California law sets clear rules for how employers must handle disability accommodations and the patterns that expose noncompliance. FEHA Sets the Baseline: Covered employers (5+ employees) must engage in a good-faith interactive process to identify reasonable accommodations for a disability, and once the accommodation is identified, it must be provided. Disability Definition Is Broad: Injury-related physical limitations, including temporary and non–work-related impairments, can qualify as disabilities in California, triggering accommodation obligations. Accommodations Must Be Considered: Effective options can include modified duties, schedule changes, assistive equipment, finite medical leave, or reassignment to a vacant role—the governing standard is effectiveness, not convenience. Only Narrow Grounds Justify Denial: An accommodation request can be denied based on an undue hardship, the employee’s inability to perform essential functions even with accommodation, or a supported direct threat analysis based on individualized, objective evidence. Know the rules, recognize the patterns, and understand how FEHA frames your workplace rights in California. This guide is for Southern California blue-collar workers facing denied light duty, schedule changes, or other accommodations after an injury who want clear, no-jargon insight into employer obligations. California employers generally must consider reasonable accommodation requests from employees with qualifying disabilities under the Fair Employment and Housing Act (FEHA). A flat “no,” or a refusal to discuss options, may signal noncompliance with FEHA’s duty to accommodate and its requirement to engage in a good-faith interactive process. Because outcomes turn on facts, professional evaluation is crucial. What California Law Requires Under FEHA Under California law, generally, covered employers (five or more employees) owe an affirmative duty to provide reasonable accommodation when it would enable performance of essential functions. Laws are subject to change, and individual circumstances vary. California Civil Rights Department (CRD) guidance is the primary state resource for current information. Reasonable accommodation can be modifications that effectively enable an employee with a disability to perform essential job functions. The standard is effectiveness, not convenience or preference. What Counts as a “Disability” After a Bodily Injury Under California law, generally, physical disability is defined broadly. Common injury-related limitations—restricted lifting, reduced standing or walking, limited range of motion—may qualify even when temporary. FEHA protections do not depend on whether the injury occurred at work. Accommodations Employers Must Consider Under California law, generally, employers should consider accommodations that are effective in light of job demands and medical restrictions, including but not limited to: Modified duties or reduced physical requirements. Schedule modifications or shift changes. Assistive devices or workstation adjustments. Finite time off for treatment or recovery. Reassignment to a vacant position when essential functions of the current role cannot be performed even with accommodation. When a Denial of an Accommodation Request Can Potentially Be Lawful California’s framework recognizes limited grounds for denial: Undue hardship: Significant difficulty or expense relative to the employer’s resources and operations; mere inconvenience is insufficient. Essential functions remain unperformable even with accommodation: FEHA does not require elimination of essential duties. Direct threat: A significant risk... Read more