Briski Law Firm
San Jose Failure to Accommodate Lawyers
If your workplace fails to accommodate your disability, you have the right to take legal action. Please contact an employment law attorney today at the Briski Law Firm in San Jose, California.
Free Consultation | (408) 297-9100
A failure to accommodate lawsuit may involve obvious and overt actions such as threatening to fire an employee for attending necessary doctor appointments, failing to allow for modified scheduling or part-time work, or failing to put in wheel chair ramps and other similarly effective accommodations. Others are subtler, such as not having a work-from-home policy for an employee. No matter the severity, these actions can violate the law.
Our two attorneys have more than 60 years of experience handling disability discrimination and failure to accommodate cases. We have pursued lawsuits under the Americans with Disability Act, California's Fair Housing and Employment Act and other laws pertaining to employment discrimination. We will help you file and fight for the best possible solution to your failure to accommodate claim.
Evidence Is the Key to Success
Many people do not want to admit they have a disability out of the fear that it puts them at a disadvantage. However in most cases, your employer must know that you have a disability in order to trigger your legal protections, and their duty to accommodate you. Because of this, it is important to inform your employer so accommodations can be made on your behalf.
Although this can be a difficult decision, it will ultimately be to your benefit. In addition, if your employer fails to accommodate for your condition, then you will have documented proof of your disability that can be used in court, including doctors' notes, or written memoranda such as emails or faxes informing your employer of your disability.
In addition to doctor's notes describing your disability and how it affects your job, witness testimony and a clear record of the problems you experienced with your office are helpful. Because failure to accommodate lawsuits are civil cases, you have the burden of proof. Please visit our Employment Law page for steps you can take to make sure this evidence is gathered and preserved.
Contact Us
Contact a lawyer at the Briski Law Firm today for a free consultation to discuss your failure to accommodate claim. We will help protect your rights and interests under the law.
