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 the care of family members. In general, these rules provide two separate grounds for violation; retaliation based on disability discrimination and failure to make reasonable disability accommodations (unless doing so harms the business).
While the ADA applies to employers with 15 or more employees in California, the FEHA applies to employers with five or more employees. Provisions of the laws are similar, but not identical. As an experienced employment law attorney, I can help determine if your unique situation meets the criteria required to prove that your employer is in violation of the ADA, FEHA, FMLA or CFRA.
Were Your Hiring Prospects Affected By An Employer’s Violation Of The ADA?
The most difficult part of filing an ADA claim is proving disability discrimination. That’s where I come in. I am Nima Shivayi, principal attorney at Shivayi Law Firm. I serve 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
The first version of the ADA was voted into law in 1992. A more recent version, the Americans with Disabilities Act Amendments 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.”