Employer Denied Your Accommodation? California Law Requires They Engage.

DEMAND LETTER - DISABILITY DISCRIMINATION AND FAILURE TO ACCOMMODATE SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] [Employer Name] [Attn: Human Resources / CEO Name] [Company Address] [City, CA ZIP] Re: Demand for Compliance with FEHA - Disability Discrimination and Failure to Accommodate Employee: [Your Name] Position: [Your Job Title] Employee ID: [If applicable] Dear [HR Director / CEO Name]: I am writing to formally demand that [Employer Name] comply with its obligations under the California Fair Employment and Housing Act (Government Code Section 12940 et seq.) regarding my disability accommodation request. Your failure to engage in the interactive process and/or provide reasonable accommodation constitutes unlawful disability discrimination. MY DISABILITY AND ACCOMMODATION NEED: I have a disability as defined under FEHA that limits my ability to [describe limitation - e.g., "sit for extended periods," "work in environments with certain triggers," "maintain a fixed schedule due to medical appointments"]. On [date], I notified [supervisor/HR name] of my disability and requested the following accommodation: [Describe the specific accommodation you requested - e.g., "a modified work schedule allowing me to start at 10 AM instead of 8 AM to attend medical appointments," "permission to work remotely 2-3 days per week," "an ergonomic workstation setup," "reassignment to a vacant position I am qualified for"] I provided medical documentation from my healthcare provider, [Dr. Name], supporting my need for this accommodation on [date]. EMPLOYER'S FAILURE TO COMPLY WITH FEHA: Despite my request and supporting documentation, [Employer Name] has violated FEHA in the following ways: [Select and customize applicable violations:] [ ] FAILURE TO ENGAGE IN INTERACTIVE PROCESS (Gov. Code 12940(n)): Rather than engaging in a timely, good faith interactive process as required by law, your company [describe - e.g., "ignored my request entirely," "delayed response for over 6 weeks," "refused to meet to discuss alternatives," "made a unilateral decision to deny without discussion"]. [ ] DENIAL OF REASONABLE ACCOMMODATION (Gov. Code 12940(m)): Your company denied my accommodation request on [date], stating [reason given, if any]. You have not demonstrated that this accommodation would cause undue hardship, as required to justify denial. [ ] RETALIATION (Gov. Code 12940(h)): Following my accommodation request, I have experienced the following adverse employment actions: [describe - e.g., "termination," "demotion," "reduction in hours," "negative performance review despite no prior issues," "exclusion from meetings and projects," "hostile treatment from management"]. [ ] FAILURE TO PROVIDE LEAVE AS ACCOMMODATION: Your company [terminated me / denied my request] for medical leave needed to [treat/manage my condition], rather than engaging in the interactive process to determine if leave was a reasonable accommodation. DAMAGES SUFFERED: As a direct result of your unlawful conduct, I have suffered the following damages: - Lost wages from [date] to present: $[amount] - Lost benefits (health insurance, retirement contributions): $[amount] - Medical expenses related to worsening condition: $[amount] - Severe emotional distress including [anxiety, depression, humiliation, etc.] DEMAND: I hereby demand that [Employer Name] take the following actions within fourteen (14) days: 1. [If still employed:] Immediately engage in a good faith interactive process and implement the requested accommodation or an effective alternative; 2. [If terminated:] Reinstate me to my position (or equivalent) with full back pay and benefits from [termination date]; 3. Pay all lost wages and benefits totaling $[amount]; 4. Provide written confirmation that no retaliation will occur for asserting my legal rights; 5. Compensate me for emotional distress damages in the amount of $[amount]. LEGAL CONSEQUENCES: If you fail to respond satisfactorily within 14 days, I will: 1. File a complaint with the California Civil Rights Department (CRD); 2. Pursue a civil lawsuit seeking all available remedies under FEHA, including back pay, front pay, emotional distress damages, punitive damages (given the [willful/reckless] nature of your conduct), and attorney's fees; 3. Report your practices to relevant regulatory agencies. Under FEHA, there is NO CAP on compensatory or punitive damages. Employer liability can be substantial, particularly where the employer failed to engage in the interactive process or retaliated against an employee for requesting accommodation. I strongly encourage you to consult with legal counsel and respond promptly to resolve this matter before litigation becomes necessary. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of original accommodation request (dated [date]) - Medical documentation supporting disability and accommodation need - Copies of correspondence with HR/management regarding accommodation - [If applicable: Termination letter / adverse action documentation] - Documentation of damages (pay stubs, benefit statements, medical bills) - Timeline of events cc: [Your personal file]