Your Accommodation Request Was Denied. What Was Your Employer Actually Required to Do?

Your Accommodation Request Was Denied. What Was Your Employer Actually Required to Do?

You didn’t ask for much. A schedule shifted an hour so you could make physical therapy. A few weeks more of leave while you recovered. Permission to sit instead of stand, or to work from home on treatment days.

And you got back a flat “we can’t do that.” Or a form letter. Or — maybe worst of all — nothing. The request just disappeared into HR, and a while later the write-ups started.

If that’s roughly where you are, here’s the thing worth knowing before you conclude there’s nothing to be done: in California, “no” was probably never supposed to be a complete sentence. I’m an employment lawyer who only represents employees. Here’s what the law actually expected from your employer.

The answer isn’t allowed to just be “no”

California law generally requires employers to do two separate things when a disability or medical condition is affecting your work. The first is to provide a reasonable accommodation where one exists. The second — and this is the part almost nobody outside employment law knows — is to engage with you in a timely, good-faith conversation about what might work. Lawyers call it the interactive process. In plain terms: they’re supposed to actually talk to you.

That means a denial is supposed to be the middle of a conversation, not the end of one. If your request as written wouldn’t work, the law generally expects your employer to explore alternatives with you — a different schedule instead of remote work, a transfer to an open position instead of more leave — rather than stamp the file “denied” and move on.

An employer who skips that conversation can be breaking the law by the skipping itself, in some circumstances, separate from whether your original request should have been granted.

You didn’t need magic words

People sometimes assume their case is weak because they never filled out the right form or never said the words “reasonable accommodation.” California doesn’t generally require magic words. Telling your supervisor about your diagnosis and what’s getting hard to do can be enough. A doctor’s note with restrictions can be enough. In some situations, the employer’s own observation that you’re struggling with a known medical condition can be enough to put the ball in their court.

And the protection can apply even if the company merely regarded you as disabled — some employees are covered without ever having asked to be.

What accommodations can look like

There’s no fixed menu, which is exactly why the conversation matters. Depending on the job and the condition, a reasonable accommodation can be a modified schedule or shift change, time off beyond what a leave law provides, equipment or a workstation change, restructuring the minor parts of a job while you keep doing the core of it, working from home, or moving you into an open position you can perform. Some of the most common accommodations cost the employer little or nothing — which makes a reflexive denial harder to defend.

If more leave was what you needed, know that finite additional leave can itself be a reasonable accommodation in California. “Your protected leave ran out, so we let you go” is not always the end of the analysis — sometimes it’s the beginning of it. We’ve written separately about being fired while on medical leave.

The honest limits

You should hear what the law doesn’t require from a lawyer, not from your employer’s version of it.

An employer generally doesn’t have to remove the essential functions of your job — the core duties the position exists to perform. It generally doesn’t have to invent a new position, bump someone else out of theirs, or promote you. It doesn’t have to grant leave with no end in sight. And if several accommodations would each work, your employer can generally choose among them — it doesn’t have to pick your favorite. An effective accommodation you didn’t prefer is usually not a violation.

Employers can also refuse accommodations that would impose real, significant difficulty or expense. But that’s a demanding standard with an analysis behind it — not a phrase to be recited. “That would be hard” and “we’ve never done that” are not the analysis.

The line between a lawful denial and an unlawful one is fact-specific, which is exactly why it’s worth having a lawyer review your situation rather than guessing.

Silence and stalling count too

Not every violation looks like a denial letter. The process can be broken by dragging things out until you give up, ignoring the doctor’s note, sending you to an endless loop of paperwork requests, or “considering” the request right up until your termination. When the conversation breaks down, the law generally asks who was responsible for the breakdown — and an employer who went quiet is in a very different position from an employee who did.

So keep participating. Answer their requests, provide the paperwork, propose alternatives in writing. Every reasonable step you take builds the record that you held up your end.

If you were punished for asking

Requesting an accommodation is itself protected activity in California. If the write-ups, the demotion, or the termination showed up shortly after you asked, that timing can matter a great deal — it’s a pattern the law recognizes and takes seriously. If you’re trying to sort out whether what happened to you crossed the line, start with at-will employment versus an illegal firing, or go deeper on disability discrimination.

What to do now

Put things in writing, politely. A short email — “Following up on my request for X, which I made on [date] — happy to discuss alternatives” — does two jobs at once: it restarts the conversation, and it timestamps the record.

Keep copies of what’s yours: your request, the doctor’s notes, the responses (or the silence), your reviews from before and after. Write down the dates while they’re fresh; specific dates are worth far more than “sometime last spring.”

Try not to quit in frustration before getting advice — walking away can complicate a case, and there may be more options than it feels like from inside the situation. If they handed you a severance agreement on the way out, read what to know before signing first.

And don’t wait. These claims have deadlines that run from when things happened — not from when you feel ready to deal with them.

Asked for an accommodation and got a “no,” a runaround, or a pink slip? Find out what your employer was actually required to do. Call (888) 376-7849 or request a free, confidential consultation. No fees unless you win.

This article is attorney advertising, is provided for informational purposes only, and does not constitute legal advice. Reading it does not create an attorney-client relationship. Whether any particular accommodation was reasonable — and whether any claim exists — depends entirely on the specific facts, the job, the employer, and applicable deadlines; only a lawyer reviewing your situation can tell you what applies to you. Every case is different. Past results do not guarantee future outcomes.