Pacifica, CA asked in Civil Rights, Employment Law, Workers' Compensation and Civil Litigation for California

Q: California, Reasonable Accommodation request for a known disability to the company. 6month no response. Case value?

Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of

the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like he is being released from his city job. What can be the value? Also, a retaliation case was won in 2020. all same company and department.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: There is no where enough information provided to allow anyone to estimate the settlement or judgment value of your case, or even if you have a meritorious claim. The analysis to be performed needs information to include the essential functions of your job, your specific restrictions, whether there are ways to reasonably accommodate the employee that would allow the employee to still perform the essential functions of the job without creating an undue hardship on the employer, and even things like the size of the employer.

If you are a California resident then you are probably not going to want to proceed under the ADA or other Federal laws, but even that decisions requires more information. If available to you, the California Fair Employment and Housing Act will likely be the best statutory basis for a claim.

The wise thing to do right now it to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you go to, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Nancy J. Wallace agrees with this answer

1 user found this answer helpful

Eva Zelson
Eva Zelson

A: Employers are required to grant reasonable accommodation requests from employees with documented disabilities as long as the accommodation doesn’t cause undue hardship on the employer. It seems reasonable that the employer would respond within six months, however, more information is needed. It’s a good idea to meet with an employment law attorney with experience in disability discrimination cases. Gather the evidence you have and review with the lawyer: when exactly did you request the accommodation, what was requested, and did you receive any response from the company? Also, how was the disability documented with the employer? With these facts, an employment lawyer will be able to advise you on next steps.

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