When An Employer Denies Reasonable Accommodation Or A Leave Of Absence

The Americans with Disability Act (ADA) — a set of federal laws — and the Fair Employment and Housing Act (FEHA) — a set of California laws — spell out legal protections for employees with disabilities. Likewise, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) cover leaves of absence for sick employees or for care of family members.

What does compliance with the ADA, FMLA, FEHA and CFRA look like in practical terms? What does violation of these laws look like? What recourse do you have if your employer wrongly terminated you when you asked for a leave or after you took a covered leave? An experienced employment law attorney can help you answer these questions as they apply to your unique situation.

I am Nima Shivayi, owner of Shivayi Law Firm in Pasadena, serving clients throughout the Los Angeles metro area and beyond. I have the level of experience you need to address circumstances such as:

  • An employer's failure to hire you because of a disability, even though you could perform the tasks of the job with reasonable accommodations
  • An employer's failure to provide you with reasonable accommodation for your disability, with predictable negative outcomes such as termination or injury
  • An employer's denial of your lawful request for a leave of absence because of illness, childbirth, adoption or to care for a sick family member
  • An employer's failure to allow you to return to work after a covered leave of absence

Were Your Hiring Prospects Affected By An Employer's Violation Of The ADA?

The first version of the ADA was voted into law in 1992. A more recent version, the Americans with Disabilities Amendment Act, passed by Congress in 2008, further refined definitions of covered disabilities as well as the concept of reasonable accommodation for a disability. Among the provisions of the 2008 version of ADA is this: "An employer or other covered entity cannot prefer or select a qualified individual without a disability over an equally qualified individual with a disability merely because the individual with a disability will require a reasonable accommodation."

Did Your California Employer With Five Or More Employees Violate The FEHA?

Whereas the ADA applies to employers with 15 or more employees, in California, the FEHA applies to employers with five or more employees. The FEHA, then, applies to more employees in California than the ADA does. Provisions of the laws are similar, but not identical.

What State And Federal Laws Apply To Your Southern California Employment Law Matter?

Get answers and help if your California employer violated state or federal laws. Contact Shivayi Law Firm by phone at 626-408-8528 or by email. Schedule a free consultation with me, employment lawyer Nima Shivayi, at your convenience.