Failure to Accommodate

One of the pillars of providing assistance to disabled employees is the requirement of an employer to provide a “reasonable accommodation” for employees and applicants with disabilities.

Reasonable accommodations might include:

  • Restructuring the employee’s job, including a change to part-time or modified work schedules
  • An extended medical leave of absence
  • Reassignment to a vacant position
  • Modifying equipment, materials or even changing personnel policies
  • Providing qualified readers or interpreters
  • Temporarily converting a position to light-duty, or
  • Making existing facilities readily accessible to individuals with disabilities

Undue Hardship Defense

Employers may assert that the employee’s request for a reasonable accommodation would create an “undue hardship.” Since undue hardship is a defense, the burden is on the employer to show that the accommodation would be significantly difficult or expensive to implement. The undue hardship defense does not mean merely inconvenient or burdensome for the employer.

The FEHA’s interpretative regulations state that the accommodation must be a “significant” difficulty or expense when considering several factors: (1) the cost of the accommodation, (2) the financial resources, number of employees, and the effect of the accommodation on the employer, (3) the type of operations of the employer, and (4) the relationship between the employer’s facilities.


My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

- Jason Erlich

Client testimonials
Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.