ADA Violations

ADA Violations in California for Failure to Provide Accommodations

This article provides an in-depth examination of ADA violations in California, specifically those relating to the failure to provide reasonable accommodations for employees with disabilities.

It explores the legal obligations of employers under the ADA and FEHA, highlights the importance of understanding the scope of protected disabilities, and underlines the severe consequences of non-compliance.

A must-read for California employers seeking to ensure a discrimination-free workplace and avoid potential legal pitfalls.

Understanding ADA and FEHA

How do the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) work in tandem to protect employees and applicants from disability discrimination in the workplace?

The ADA and FEHA are both federal and state laws that protect individuals with disabilities in the workplace. These laws make it unlawful to discriminate against a qualified individual with a disability and require employers to provide reasonable accommodations to enable these individuals to perform their jobs effectively.

Both laws also mandate an interactive process between the employer and the employee to identify potential accommodations. They have broad definitions of disability, cover physical and mental impairments, and extend protections to individuals who are perceived to have disabilities.

They jointly ensure an inclusive and accessible working environment.

Employer Obligations Under ADA

In considering the responsibilities of employers under the ADA, it’s crucial to understand that they are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. This means modifying the work environment, policies, or job duties to enable the individual to perform essential functions of the job.

Three key points to note are:

  1. Employers are obligated to engage in a good-faith interactive process to determine feasible accommodations.
  2. The definition of undue hardship is not solely based on cost or inconvenience. It encompasses factors such as the nature of the accommodation and the financial resources of the employer.
  3. Employers are prohibited from retaliation against employees who request accommodations or file ADA complaints.

The Scope of Protected Disabilities

A broad range of physical and mental impairments fall under the umbrella of protected disabilities as defined by the ADA and FEHA, encompassing conditions that substantially limit major life activities. These disabilities include, but are not limited to, mobility impairments, sensory impairments, psychiatric conditions, cognitive impairments, and neurological conditions.

Notably, the ADA and FEHA also extend protections to individuals who are regarded as having a disability, even if they do not have one. This includes individuals who have a record of such an impairment or are perceived by others as having such an impairment.

The broad scope of these protected disabilities ensures that individuals with diverse impairments are safeguarded from discrimination and have an equal opportunity to participate in all aspects of life.

Prohibited Discrimination Practices

Numerous discriminatory practices are prohibited under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), particularly those involving the failure to provide reasonable accommodations for employees with disabilities. These prohibited practices are included, but are not limited to:

  1. Refusing to make reasonable accommodations for an employee’s known physical or mental disability, unless the employer can demonstrate that the accommodation would impose an undue hardship.
  2. Denying employment opportunities to a job applicant or employee who is otherwise qualified, simply because they need a reasonable accommodation.
  3. They are using qualification standards or selection criteria that screen out or tend to screen out individuals with disabilities unless such standards or criteria are shown to be job-related and consistent with business necessity.

These prohibitions serve to ensure fair and equitable treatment of all employees, regardless of their disability status.

Types of Reasonable Accommodations

Several different types of reasonable accommodations exist under the ADA and FEHA, tailored to meet the unique needs of individuals with disabilities and enable them to perform their job functions effectively. These accommodations may include modifying work schedules, altering the workspace, acquiring or modifying equipment, and providing qualified readers or interpreters.

Furthermore, a reasonable accommodation might also involve restructuring a job, redistributing marginal job functions, or adjusting employment policies. Importantly, the accommodation provided must be appropriate to the individual’s specific disability and job role.

Employers are required to engage in a timely, good-faith interactive process with employees to identify what reasonable accommodations can be made. It is worth noting that accommodations need not cause undue hardship to the employer.

The Meaning of Undue Hardship

In the context of ADA and FEHA, the term ‘undue hardship’ refers to a significant difficulty or expense that an employer would incur in providing a reasonable accommodation. It’s a defense that employers may invoke to avoid the obligation to make accommodations.

However, claiming undue hardship isn’t straightforward. The employer must prove that the accommodation would cause substantial difficulty based on:

  1. The nature and cost of the accommodation.
  2. The financial resources and size of the business.
  3. The type of operation of the company.

These factors are scrutinized closely to ensure the claim is not unjustly avoiding the responsibility to accommodate disabled employees.

Therefore, understanding ‘undue hardship’ is crucial for both employers and employees in the context of ADA violations.

Consequences of ADA Violations

A significant number of ADA violations occur when employers in California fail to provide reasonable accommodations, leading to serious legal and financial consequences for the offending parties. If found guilty of such violations, employers can face hefty fines, damages awarded to the plaintiff, and potential court-ordered changes to their policies or practices.

Moreover, a company’s reputation can suffer significant harm, jeopardizing customer trust and employee morale. Companies may also be subject to investigations by the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). In extreme cases, persistent offenders could be subject to increased regulatory scrutiny or even closure.

Thus, non-compliance with ADA accommodation requirements is a risk California businesses cannot afford to take.

Filing Complaints for ADA Violations

If you believe your employer has violated the ADA by failing to provide reasonable accommodations, it’s important to understand the process for filing a complaint to ensure your rights are protected.

  1. Identify the Violation: Document instances where you believe your rights were violated. Be specific about the accommodation requested and how your employer responded.
  2. File a Complaint: Submit your complaint to the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) in California. You have 180 days from the incident to file with EEOC and one year with DFEH.
  3. Legal Action: If your complaint is unresolved, you may have the right to file a lawsuit. Consult with a lawyer in California to understand your best options and protect your rights.

Legal Ramifications and Damages

When an employer fails to provide reasonable accommodations as required by the ADA, the legal consequences can be severe and usually involve considerable damages.

California courts may award compensatory damages for emotional distress and punitive damages for intentional discrimination. In egregious cases, the employer may also be liable for the plaintiff’s legal fees.

Additionally, the employer may be required to make policy changes or provide the necessary accommodation. On top of these, non-compliance can lead to reputational damage, negatively impacting the employer’s business.

In extreme instances, the Department of Justice can file lawsuits against employers for ADA violations, with potential penalties reaching $75,000 for a first violation and $150,000 for subsequent violations.

Thus, compliance is not only a legal obligation but also a prudent business decision.

Retaliation Against ADA Complaints

Retaliation against employees who file ADA complaints is a serious violation of both federal and California state laws. Employees are protected under these laws and cannot be punished or treated unfavorably because of their complaints. Retaliation may take many forms, such as termination, demotion, or creating a hostile work environment.

Three key aspects of retaliation include:

  1. Adverse Action: This refers to any action that would deter a reasonable person in the same situation from making a complaint.
  2. Causal Connection: There must be evidence that the adverse action was a direct result of the complaint filed.
  3. Legal Protection: Individuals who believe they have been retaliated against may seek legal remedies, including reinstatement and compensation for lost wages and emotional distress.

Employer Requirements for Medical Exams

In the complex landscape of ADA compliance, understanding the employer’s obligations concerning medical exams is crucial.

Employers may require a medical or psychological examination only if it is job-related and consistent with business necessity.

Medical exams should be conducted only after a conditional offer of employment has been extended and must apply to all newly hired employees in similar roles.

Employers are prohibited from asking about an applicant’s health or disability status before making a job offer.

If an applicant’s medical exam reveals a disability, the employer must engage in a dialogue with the applicant to determine if a reasonable accommodation can be provided.

This ensures that the ADA’s anti-discrimination provisions are not violated, protecting both the employer and the potential employee.

The Interactive Process of Accommodation

Employers are frequently required to engage in a good-faith interactive process with employees to determine and implement reasonable accommodations for disabilities, a critical aspect of ADA compliance. This process involves a fluid dialogue between the employer and the employee, aimed at identifying potential reasonable accommodations that do not impose undue hardship on the employer’s operations.

The interactive process typically involves the following steps:

  1. The employee or their representative notifies the employer of the need for an accommodation.
  2. The employer and the employee then engage in a discussion to identify the precise limitations and potential accommodations that could overcome those limitations.
  3. The employer determines the feasibility of the accommodation considering the nature of the work, the employee’s disability, and the organization’s resources.

Failure to engage in this interactive process may result in ADA violations and legal consequences.

Definition of Qualified Individuals

Under the provisions of the Americans With Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), a qualified individual is defined as someone who, with or without reasonable accommodations, can perform the essential functions of their job. This definition respects the integral roles and responsibilities inherent to a specific job and acknowledges the capabilities of the individual, regardless of their disability.

Essential functions are typically outlined in the job description and can include tasks, duties, or responsibilities that are fundamental to the position. The assessment of an individual’s ability to perform these tasks may consider factors such as experience, education, and skills, alongside the potential for reasonable accommodation.

FEHA and ADA protections ensure these individuals are not discriminated against, further promoting workplace inclusivity.

Understanding Mental Disabilities

While recognizing the rights and capabilities of qualified individuals, it’s crucial to understand that mental disabilities, as defined by both the ADA and FEHA, encompass a range of mental or psychological disorders or conditions that hinder the attainment of major life activities, shaping the need for reasonable accommodations. These disabilities might include, but are not limited to, conditions such as depression, anxiety disorders, schizophrenia, and post-traumatic stress disorder.

To clarify,

  1. Major life activities impacted by these disabilities could range from learning, working, and concentrating, to interacting with others.
  2. Reasonable accommodations might involve flexible working hours, job restructuring, or providing quiet working environments.
  3. It is the employer’s responsibility to engage in a good-faith interactive process to identify and implement such accommodations, barring undue hardship.

The Importance of Compliance

Compliance with ADA and FEHA regulations is a legal obligation for California employers. This includes providing reasonable accommodations for employees with mental disabilities. Failure to comply can result in lawsuits, significant monetary penalties, and damage to the company’s reputation.

However, the importance of compliance goes beyond legal consequences. Providing accommodations is essential for fostering an inclusive, productive, and nondiscriminatory work environment. Without accommodations, employers may risk losing talented employees and experiencing decreased productivity due to a non-inclusive environment.

Therefore, understanding and adhering to the ADA and FEHA’s regulations on reasonable accommodations is vital for the success of an organization. It not only ensures legal compliance but also promotes a culture of inclusivity and respect for all employees, regardless of their mental capabilities.


In conclusion, comprehension and adherence to ADA and FEHA regulations are paramount for California employers to prevent discrimination against individuals with disabilities.

Ensuring reasonable accommodations, understanding the scope of protected disabilities, and fostering an interactive accommodation process are crucial aspects.

Acknowledging the importance of qualified individuals and mental disabilities also forms a part of these regulations. Non-compliance not only brings legal consequences but also damages the reputation of the organization. Hence, the necessity of compliance cannot be overstated.

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