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California law generally requires employers with five or more employees to provide reasonable accommodations for employees and job applicants with known physical or mental disabilities, unless doing so would create an undue hardship. Employers also have a separate duty to engage in a timely, good-faith interactive process to identify an effective accommodation. Employees are protected from unlawful retaliation for exercising their rights under California disability law.
What Is a Reasonable Accommodation in California?
A reasonable accommodation is a change to a job or workplace that enables an employee with a disability to perform the essential functions of the position. Depending on the circumstances, accommodations may include changing job duties or work schedules, providing leave for medical care, relocating a work area, or providing equipment or other aids. Under California’s Fair Employment and Housing Act, an employer must provide reasonable accommodation for a known physical or mental disability unless the employer can demonstrate that doing so would create an undue hardship.
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California law requires covered employers to provide reasonable accommodations for the known physical or mental disabilities of qualified employees and job applicants, unless the employer can show that the accommodation would create an undue hardship. Employers also have a separate duty to engage in a timely, good-faith interactive process to determine whether an effective reasonable accommodation is available.
The Fair Employment and Housing Act (FEHA) establishes these protections. Reasonable accommodations may help an applicant participate in the hiring process or enable an employee to perform the essential functions of a job. Depending on the circumstances, an accommodation may also include medical leave or another workplace adjustment.
An employee does not always have to use the words “reasonable accommodation” to start the process. The duty to engage in the interactive process generally arises when the employer becomes aware of a possible need for accommodation. That may happen through a request from the employee or, in some circumstances, through information from another person or the employer’s own observations.
If an employer fails to reasonably accommodate a disability, fails to participate in the interactive process, discriminates because of a disability, or retaliates against an employee for exercising protected rights, additional claims may be available depending on the circumstances. Our attorneys handle California disability-related employment claims.
California defines disability broadly. Under the Fair Employment and Housing Act (FEHA), protected disabilities include qualifying physical disabilities, mental disabilities, and medical conditions. In general, a physical or mental disability may qualify when it limits one or more major life activities, such as working, walking, seeing, hearing, learning, concentrating, or caring for oneself.
California’s standard is broader than the federal Americans with Disabilities Act (ADA) in important respects. FEHA generally requires a condition to “limit” a major life activity rather than “substantially limit” it, and California law directs that the definition of disability be interpreted broadly.
FEHA also generally applies to employers with five or more employees, while the ADA’s employment protections generally apply to employers with 15 or more employees. As a result, some California employees may have disability accommodation protections under state law even when their employer is too small to be covered by the ADA.
An accommodation can take many forms depending on the employee’s limitations and the requirements of the job. CRD identifies examples such as changing job duties, providing leave for medical care, changing work schedules, relocating the work area, and providing mechanical or electrical aids.
| Type of accommodation | What it could look like |
|---|---|
| Changing job duties | Swapping a heavy-lifting task with a coworker for a lighter one |
| Changing work schedules | Starting later on days you have physical therapy |
| Leave for medical care | Providing time off for surgery, treatment, or recovery |
| Relocating the work area | Moving your desk closer to a restroom or away from loud machinery |
| Mechanical or electrical aids | A sit-stand desk, screen-reading software, or a lifting device |
| Reassignment to a vacant job | Moving to an open position you qualify for when you can no longer do your current one |
These are examples, not an exhaustive list. Whether a particular accommodation is reasonable depends on the employee’s limitations, the essential functions of the job, the effectiveness of the proposed accommodation, and the circumstances of the workplace.
Under California law, a finite period of medical leave may qualify as a reasonable accommodation when it is likely that the employee will be able to return to work afterward, with or without additional reasonable accommodation, and the leave would not create an undue hardship. Additional leave may also be a reasonable accommodation even after an employee has exhausted other available leave. However, an employer generally is not required to provide an indefinite leave of absence with no reasonably foreseeable return.
Disability-related leave rights may overlap with other state and federal leave laws. Our article on CFRA vs. FMLA in California explains those laws in more detail.
The interactive process is a timely, good-faith discussion between an employee and employer to determine whether an effective reasonable accommodation is available. Under Government Code section 12940(n), an employer has a separate duty to participate in this process when the requirements of the law are met.
The process should involve an individualized assessment of the employee’s limitations, the essential functions of the job, and possible accommodations. An employer does not necessarily have to provide the specific accommodation an employee requests if another effective reasonable accommodation is available. Both the employer and employee are expected to participate in good faith and exchange information necessary to identify an appropriate accommodation.
In some circumstances, an employer may request reasonable medical documentation. When the disability or need for accommodation is not obvious or already known, the employer may generally seek appropriate information concerning the employee’s limitations and the need for accommodation. Medical information obtained through this process is subject to confidentiality requirements, although information about necessary work restrictions or accommodations may be provided to supervisors or managers who need that information.
You do not need to use a special form or particular words to request a reasonable accommodation. CRD states that California law does not require employees to use its forms, or any particular form, to request an accommodation or participate in the interactive process. CRD does provide a sample reasonable accommodation request package that employees and employers may use as a resource.
Your employer does not necessarily have to provide the specific accommodation you request. It may provide another reasonable accommodation if the alternative is effective. An employer may also establish that a proposed accommodation would create an undue hardship, meaning significant difficulty or expense, based on the circumstances of the employer and the requested accommodation.
Government Code section 12926(u) identifies several factors used to evaluate undue hardship:
| Factor | What it means in plain terms |
|---|---|
| Nature and cost of the accommodation | How expensive or complicated the change is |
| Resources of the specific facility | The budget and headcount at your worksite, and how the change affects its operation |
| Resources of the whole employer | The company’s overall finances, size, and number of locations |
| Type of operation | How the business organizes itself and its workforce |
An employer is not required to eliminate an essential job function or lower a quality or quantity standard that is itself an essential job function. California law also does not require an employer to provide an indefinite leave of absence. However, when an employee can continue working with another reasonable accommodation, an employer generally may not require the employee to take leave instead.
You may not receive the exact accommodation you requested. California regulations require employers to consider the employee’s preference, but an employer may select another accommodation that is effective for both the employee and employer. If the requested accommodation cannot be provided, the employer should continue the interactive process when another effective reasonable accommodation may be available.
California law prohibits an employer from discriminating or retaliating against an employee for requesting a reasonable accommodation, regardless of whether the employer ultimately grants the request. Government Code section 12940(m)(2) specifically protects employees and applicants who request accommodations for a physical or mental disability or medical condition.
Retaliation can take different forms, including reduced hours, undesirable schedule changes, discipline, demotion, or termination. However, an adverse employment action after an accommodation request is not automatically retaliation. The circumstances must support a connection between the protected request and the employer’s action.
Timing may be relevant when evaluating that connection, along with the employer’s stated reason for its decision, how the employee was treated before and after the request, and other surrounding circumstances.
If you experienced negative treatment after requesting an accommodation, learn more about workplace retaliation claims.
If you need a workplace accommodation because of a disability or medical condition, these steps can help you communicate your needs and document the accommodation process:
Yes, in some cases. When an employee’s disability or need for accommodation is not obvious or already known, an employer may request reasonable medical documentation concerning the disability and the need for accommodation. However, the employer generally is not entitled to unrestricted access to the employee’s medical history or records.
Not always. Your employer must consider your preferred accommodation, but it may provide a different reasonable accommodation if the alternative is effective. The employer and employee should use the interactive process to discuss possible accommodations and determine whether an effective option is available.
Generally, no, if you can continue working with another reasonable accommodation. California regulations provide that an employer may not require an employee to take leave when the employee can work with a reasonable accommodation.
Yes. California’s reasonable accommodation protections also apply to qualified job applicants with disabilities. Covered employers may be required to provide reasonable accommodations that enable an applicant to participate in the application or hiring process.
Pregnancy-related conditions may be covered by additional California protections, including California’s Pregnancy Disability Leave law and requirements concerning reasonable accommodation for pregnancy, childbirth, and related medical conditions. Which protections apply depends on the circumstances.
Many California reasonable accommodation requests end well with a quick conversation. However, you should speak with an employment lawyer if:
At Abramson Labor Group, we represent California employees in disability discrimination and failure-to-accommodate cases. We have earned more than 500 five-star client reviews. Based in Burbank, we serve employees across California in English and Spanish.
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Disclaimer: This article provides general information about California employment law and is not legal advice. Reading it does not create an attorney-client relationship with Abramson Labor Group. Laws change, and every case depends on its own facts, so speak with a qualified employment attorney about your situation before you act.
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