Take the First Step
February 10, 2025 · Benjamin J. Treger
The Violations Employers Commit by Doing Nothing
Disability discrimination does not always look like someone saying something cruel. More often, it looks like an employer doing nothing at all.
Under California’s Fair Employment and Housing Act, employers have an affirmative obligation to engage in a good-faith interactive process with employees who have disabilities, and to provide reasonable accommodations that allow the employee to perform the essential functions of the job. When employers skip this process, ignore requests, or quietly push disabled employees out, that is discrimination, even if no one ever said a discriminatory word.
When an employer knows or should know that an employee has a disability that may require accommodation, the law requires both parties to engage in a timely, good-faith interactive process to identify effective accommodations. This is not optional. An employer that refuses to engage, delays indefinitely, or treats the process as a formality is violating the law.
Accommodations can include modified work schedules, reassignment to a vacant position, ergonomic equipment, additional breaks, remote work, leave of absence, or modification of job duties. The accommodation does not need to be the employee’s first choice, but it must be effective. An employer cannot claim undue hardship without a genuine assessment of the specific accommodation requested.
California law protects employees with mental health conditions (depression, anxiety, PTSD), chronic illnesses (diabetes, Crohn’s disease, autoimmune disorders), and other conditions that may not be immediately visible. An employer that assumes an employee is “fine” because they don’t look disabled is making a legal mistake.
Ignoring a request for accommodation and hoping it goes away. Telling the employee to “just take FMLA” instead of engaging in the interactive process. Requiring the employee to be “100% healed” before returning to work. Terminating an employee on leave rather than exploring whether they can return with accommodations. Treating the accommodation request as evidence that the employee “can’t handle the job.”
If your employer failed to accommodate your disability, or if you were terminated or demoted because of a medical condition, you may have a claim. Contact Treger Legal for a free consultation.
This post is for informational purposes only and does not constitute legal advice. Consult with a qualified employment attorney about your specific situation.