What a Failure to Accommodate Claim Means

A failure to accommodate claim is a legal case you can bring when your employer refuses to make reasonable changes to help you do your job because of a disability. Under federal law (the Americans with Disabilities Act, or ADA) and California state law (the Fair Employment and Housing Act, or FEHA), employers must provide accommodations unless doing so would cause them genuine hardship.

Common accommodations include flexible schedules, remote work, modified equipment, adjusted break times, or changes to job duties. If your employer denies a reasonable request without a legitimate business reason, or fires you for asking, that is a failure to accommodate. Los Angeles attorneys who handle these cases work on both the legal claim itself and the damages you may be owed—back pay, lost benefits, emotional distress, and sometimes punitive damages.

California law is generally stronger for employees than federal law alone, which is why many Los Angeles cases are brought under FEHA rather than the ADA. An attorney can advise which law or combination of laws applies to your situation.

Key Takeaways

  • Failure to accommodate claims require proof that you have a disability, that your employer knew about it, that you asked for a reasonable change, and that your employer refused without legitimate business reasons.
  • California's FEHA often provides stronger protections and higher damage awards than federal ADA law alone, which is why many Los Angeles cases rely on state law.
  • You do not need to have been fired to have a claim—refusing accommodation, demoting you, cutting your hours, or creating a hostile environment after you request accommodation can all support a case.
  • Los Angeles attorneys typically work on contingency for these cases, meaning you pay nothing upfront and the attorney takes a percentage of any settlement or judgment.
  • The statute of limitations in California is three years from the date of the violation, but filing an internal complaint with your employer or the California Civil Rights Department can pause that clock.

How to Find an Attorney in Los Angeles

Start with the State Bar of California website (calbar.ca.gov), which has a lawyer referral service. You can search by practice area (employment law or disability discrimination) and location (Los Angeles County). The referral service vets attorneys for licensing and disciplinary history, though it does not rate their skill or success rate.

Ask for attorneys who specifically handle FEHA cases or employment discrimination. Many employment lawyers handle both plaintiff (your side) and defense (employer's side) work—you want someone who focuses on representing employees, not employers. During an initial consultation, ask how many failure to accommodate cases they have handled, what the outcomes were, and whether they work on contingency.

You can also contact the California Disability Rights Legal Center or local legal aid organizations, though these typically serve lower-income clients and may have income limits. The Los Angeles County Bar Association also maintains a referral list and can point you toward attorneys with employment law experience.

What to Bring to Your First Consultation

Gather any written record of your accommodation request—emails, letters, text messages, or notes from conversations with dates and names of people present. Bring your job description, any performance reviews, medical records or documentation of your disability (you do not need to share your diagnosis, but the attorney needs to understand the functional limitations), and any written response from your employer denying the request.

If you were fired, demoted, or had your hours cut after requesting accommodation, bring the notice of termination or any written explanation. Bring pay stubs showing any loss of income. If your employer made statements suggesting they refused because of your disability—even indirect ones—write down what was said, when, and who said it.

The attorney will also ask about your communications with HR, whether you filed an internal complaint, and whether you have filed a charge with the California Civil Rights Department (formerly the DFEH). If you have not filed yet, the attorney may advise you to do so, because it can preserve your rights and sometimes lead to faster resolution.

Contingency Fees and What They Cost You

Most Los Angeles employment attorneys handling failure to accommodate cases work on contingency, meaning you pay no upfront fee. Instead, the attorney takes a percentage of any money you recover—typically 25 to 40 percent of a settlement or judgment. If you lose or recover nothing, you owe the attorney nothing.

However, you may still owe costs even if you lose. Costs include court filing fees, informed witness fees, deposition transcripts, and document production. Some attorneys advance these costs and deduct them from your recovery; others ask you to pay them as they arise. Ask your attorney in writing how costs are handled before you sign a representation agreement.

If your case goes to trial, costs can reach several thousand dollars. Settlement cases typically cost less. The attorney should explain the likely cost range for your specific case before you decide to hire them.

The Timeline From Complaint to Resolution

If you have not already filed a charge with the California Civil Rights Department, your attorney may advise you to do so first. That process takes roughly 6 to 12 months. The department investigates, and if it finds probable cause, it issues a right-to-sue letter, which allows you to file a lawsuit in court.

Once a lawsuit is filed in Los Angeles Superior Court, discovery (exchanging documents and taking depositions) typically takes 6 to 12 months. Settlement negotiations can happen at any point. Many cases settle before trial; those that do not go to trial, which can take several months to schedule and conduct.

Total time from initial complaint to final resolution ranges from 1 to 3 years for most cases. Your attorney should give you a realistic estimate based on the complexity of your case and the court's current caseload.

Red Flags When Choosing an Attorney

Avoid attorneys who may provide a specific outcome or promise you will "definitely win." No attorney can may provide that. Be cautious of attorneys who pressure you to settle quickly or who seem uninterested in the details of your case. A good attorney will ask detailed questions about your disability, your job, your accommodation request, and your employer's response.

Do not hire an attorney who cannot clearly explain how contingency fees work or who is vague about costs. Ask for references from past clients if possible, and check online reviews on Google, Avvo, or the State Bar website. If an attorney has disciplinary history, the State Bar website will show it—look for patterns of complaints about fee disputes or client abandonment.

Be wary of attorneys who claim to specialize in disability law but have little employment law experience. Failure to accommodate cases require knowledge of both disability law and employment law, plus California-specific statutes like FEHA.

What Happens If You Cannot Afford an Attorney

If you cannot afford a private attorney, contact the Legal Aid Foundation of Los Angeles or Community Law Center. Both serve low-income residents and may take your case for free or at reduced cost. may be able to access is based on income and household size.

You can also contact the California Disability Rights Legal Center, which focuses on disability-related cases and sometimes takes employment discrimination cases. The Los Angeles County Bar Association runs a modest means program that connects low-income people with attorneys who charge reduced fees.

If no legal aid organization can take your case, some private attorneys will negotiate a reduced contingency percentage or agree to defer costs if you have genuine financial hardship. It is worth asking.

Frequently Asked Questions

Do I have to file a complaint with the California Civil Rights Department before I can sue?

Technically, you must file a charge with the California Civil Rights Department before you file a lawsuit in court. However, your attorney can file it for you, and the process does not require you to do anything beyond providing information. The department investigates while you and your attorney prepare the legal case.

What if my employer says the accommodation would be too expensive or too disruptive?

Employers can refuse accommodation only if they can prove it would cause genuine undue hardship—not just inconvenience or cost. Courts in California interpret "undue hardship" narrowly. Your attorney will examine whether your employer's claim is credible or whether they straightforward did not want to accommodate you. Many cases turn on this question.

Can I be fired for filing a failure to accommodate claim?

No. California law prohibits retaliation for requesting accommodation or filing a complaint. If you are fired, demoted, or treated worse after filing a claim, that is retaliation and strengthens your case. Tell your attorney when ready if this happens.

How much money can I recover?

Damages vary widely depending on your lost wages, length of employment, emotional distress, and whether the court finds the employer's conduct was malicious. Back pay (lost salary from the date of the violation to settlement or judgment) is common. Emotional distress damages and punitive damages (meant to punish the employer) are possible under FEHA but not always awarded. Your attorney can estimate a range based on similar cases.

What if my employer is a small business?

FEHA applies to employers with five or more employees; the federal ADA applies to employers with 15 or more. If your employer is smaller, FEHA may not explore, but you may still have a claim under other California laws. Your attorney can advise whether you have a viable case given your employer's size.