What can I do if the employer refuses to make a reasonable accommodation for me? How can I challenge the decision?

If you believe that an employer denied your request for a reasonable accommodation due to your disability and/or your past drug use, you can file a complaint with the Equal Employment Opportunity Commission (federal employment protection agency) or with California’s Department of Fair Employment and Housing (the state employment protection agency).[2059]

The complaint process is the SAME for disability discrimination (an employer’s refusal to provide reasonable accommodations) as for other types of illegal discrimination based on your criminal record (e.g., discrimination based on your race, religion, sex, national origin, etc.). See PG. 594 for more information on filing a discrimination complaint with the EEOC or the DFEH and what to expect.

Even if you want to want to file a lawsuit against the employer, you will still have to file a complaint with the EEOC or DFEH first. (This is just like suing an employer for discrimination based on your criminal record—see PG. 598 above for more information.)

HELPFUL HINT:Should I also talk to a lawyer?

You may also want to talk to a legal aid or plaintiff’s side employment lawyer to get advice about your situation. You will still have to file a complaint with the EEOC or DFEH first, before you are allowed to file a lawsuit in court against the employer. For this reason, it’s important that you contact the EEOC or DFEH immediately, and then you can also talk to a lawyer to help you.

  1. 2059

    Cal. Gov’t Code § 12981(a); 2 Cal. Code Regs. § 10063. ↑