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Permanent Work Restrictions Do Not Mean Your Job Has to End

November 1, 2026Failure to Accommodate

The doctor’s note says what it has said for months. No lifting over 20 pounds. No ladders. The only new word on the form is permanent. A week later you are sitting in HR. The light duty you have done all year is gone.

That week plays out in California workplaces constantly. It is also the moment a lot of people decide their career is over. The law does not work that way.

What the word permanent actually changes

Nothing about what your boss owes you. California’s Fair Employment and Housing Act says employers must make changes for a disability they know about. It also says they have to talk it through with you first. Neither duty shuts off when a doctor writes permanent on a form.

The question stays what it was the week before. Is there a change that would let you do the main parts of a job here?

Bosses get this backwards. They treat the word permanent as proof that reasonable accommodation failed, when most of the time it only means your body has stopped changing. One of those is a dead end. The other is a stable set of facts a decent employer can plan around.

The search your employer is supposed to run

Say the limits really do rule out your old job, even with help. The duty does not stop there. Your boss is supposed to look for an open job you can do. If one exists, they are supposed to offer it to you. You go ahead of outside applicants for that spot.

The new job does not have to be a step up. It does not have to pay the same, if nothing equal is open. Real limits exist on your side too. Your boss does not have to invent a job that was never there.

They also do not have to push another worker out to make room for you. What they cannot do is skip the search and go straight to firing you.

Where these cases fall apart

The weak spot is almost always the opening itself. Say nothing was open that you could do. California cases have turned on that exact fact, which is why a court can side with your boss even when the firing feels wrong.

So the useful question is never whether your boss seemed sorry. It is whether anything was actually open at the time.

Do this now, while you still can. Write down every job you saw posted inside the company that month. Save the emails where you asked about other roles. Those records, boring as they look today, are what later turn a feeling into proof.

A case that turned on this exact problem

Our firm took one of these to a jury. Ms. Munn worked for the Placentia Yorba-Linda School District for years before she got hurt at work. She came back with limits that were not severe. The District worked around them for a full year with no real trouble.

Then her limits became permanent. The light duty she had been living with was pulled, and her career ended there. The jury returned $1,875,000.

Look at the year. The District had already proved the setup worked before it decided that same setup was impossible.

The deadlines run longer than people think

You have three years to file a claim with California’s Civil Rights Department. That is longer than most people assume. It used to be one year. Most people who call us think the window already shut.

Then you ask for a right to sue notice. A second clock starts. That one gives you a single year to get into court. People mix up those two deadlines constantly. Missing the second ends your case just as dead as missing the first.

Bring it in early

Most people call us about a year too late. By then the job is gone and the trail has gone cold. The better week to call is the one where the light duty changes. The job postings are still up. The manager who told you no still works there. Memories are sharp.

Bring your restriction forms and anything else you have in writing. We handle failure to accommodate and disability discrimination claims across Los Angeles. We go deeper on what counts as a workplace change here. Call 310-527-6994. The first conversation costs nothing.

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