California is firmly committed to protecting workers from any form of disability-based discrimination. Through the joint protections of the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), employees with physical or mental impairments are safeguarded against unjust treatment in the workplace. With the state’s broad interpretation of discrimination, workers across California are protected in a wide range of employment contexts.
If you have experienced disability discrimination in California, such as being denied a fair chance during hiring, receiving unequal pay, being stripped of important responsibilities, or being held back from career advancement, you may have legal grounds to take action. You do not have to manage this situation by yourself, and pursuing legal remedies can provide the support you need to move forward.
How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
Within California, the Fair Employment and Housing Act (FEHA) serves as a critical protection against workplace discrimination connected to disabilities. The statute makes clear that employers cannot carry out actions such as:
- Declining to hire an applicant solely on the basis of a disability.
- Restricting access to internships, training opportunities, or programs that would support professional development because of a disability.
- Refusing to provide lawful compensation or proper wages to an employee due to disability.
- Hindering advancement by denying promotions or other career opportunities for reasons related to disability.
- Dismissing an employee strictly because of a disability.
Workers across California who are subjected to these types of discriminatory practices have the right to file claims. Remedies may include the ability to recover compensatory and punitive damages, and in some cases, the opportunity to be reinstated in the job role they were unfairly removed from.
Reasonable Accommodations Under California Law
Interactive Process
California law clearly establishes that employers have a duty to provide a meaningful response whenever an employee or potential employee requests reasonable accommodations. This requirement ensures that workers with disabilities are treated fairly and are given the opportunity to perform their roles effectively. The response must not be delayed or ignored, as the law demands both timeliness and appropriateness in how the employer handles such requests.
The obligation begins as soon as the request is made known, whether through a formal application or simply when the employer becomes aware that support might be necessary. At that point, the employer must initiate what is legally recognized as the “interactive process.” This process serves to eliminate unnecessary barriers that would otherwise prevent the employee from carrying out the most essential aspects of the job.
To fulfill this duty, employers are expected to take measured actions, including analyzing the key functions of the position and evaluating how certain accommodations could address the employee’s specific limitations. By doing so, employers help create a work environment where the employee can remain productive while their medical or physical challenges are properly supported.
Acknowledge the Request
The interactive process is triggered the moment an employee with a disability expresses the need for reasonable accommodations. This could be a formal request, such as a written note describing the necessary change linked to a medical issue, or it could be an informal comment about difficulties in performing certain aspects of the job.
Even when the request is not completely specific, California employers are expected to take the initiative in identifying potential solutions. For instance, if a worker who relies on a wheelchair asks for a desk with greater accessibility, it should be considered a valid accommodation request.
After learning of the need, the employer must respond without delay. Allowing too much time to pass may be regarded as failing to meet obligations under the ADA. Where details remain unclear, the employer should quickly seek clarification and move forward with providing the necessary support.
Analyze the Request
At this stage, the employer must focus on gathering complete and accurate information about the employee’s disability so that a fair evaluation of possible accommodations can be made. There are situations in which both the disability and the required adjustment are straightforward and can be identified right away without further inquiry.
In other situations, the specifics may not be as clear, and the employer is then responsible for collecting additional details before moving forward. This responsibility includes taking time to carefully analyze the nature of the condition and the ways it affects the employee’s ability to perform essential job duties. By doing so, the employer ensures that the process remains thorough and legally compliant.
During this part of the process, special attention should be given to reviewing the essential functions of the employee’s role. The employer must consider which tasks are most impacted by the disability and how accommodations could help the employee meet those requirements more effectively. This deliberate review allows the accommodation to be tailored in a way that benefits both the employee and the organization.
The first step in collecting this type of information is typically to speak directly with the employee. Employees are often in the best position to describe their own limitations and to recommend possible modifications that might be helpful. If the information provided is still insufficient, the employer may then request documentation from a healthcare provider, limited to the medical condition relevant to the workplace request.
It is critical that the employer not exceed these boundaries when making inquiries. Requests for unrelated health records or an employee’s complete medical history would go beyond what the ADA allows and could expose the employer to legal consequences.
Explore Options for Satisfying the Request
After obtaining a clear understanding of the employee’s condition and the ways in which it interferes with their ability to carry out important duties, an employer can begin assessing potential adjustments. Some employees may be ready to share detailed recommendations right away, while in other circumstances, only a narrow range of reasonable accommodations may exist to provide the necessary support.
When the best course of action is not easily apparent, it becomes essential to engage in further collaboration. Employers should communicate openly with the employee and, when appropriate, seek advice from healthcare professionals who are familiar with the situation. This joint effort helps ensure that the final decision reflects both the medical realities and the practical needs of the workplace. Maintaining a willingness to listen and evaluate different perspectives is key to identifying the solution that will be most effective.
It should also be acknowledged that useful accommodations may involve more than small adjustments. In many instances, they require significant consideration of how job duties are performed and how tasks are organized. Despite these challenges, the ultimate objective is straightforward: to implement an accommodation that meaningfully addresses the employee’s difficulties and allows them to succeed in their role.
Selecting the Right Accommodation
Sometimes the correct accommodation is straightforward and can be identified right away, while in other circumstances, several alternatives must be weighed and tested before reaching a conclusion. Although the input of the employee should be taken into account and valued, the employer retains the responsibility of making the final decision. Considerations such as the expense of the accommodation and the likelihood of interference with standard workflow are central in determining the outcome. Employers should also recognize that accommodations may begin on a trial basis, rather than being set as permanent from the outset. This approach allows both the employee and the employer to assess whether the solution is effective in practice.
If the accommodation demonstrates success during this period, it can then be fully established as part of the employee’s support system. If the solution falls short, the employer has the option to revisit the issue and pursue an alternative arrangement. Once the decision is confirmed, the focus turns to putting the accommodation into effect. This may be as simple as revising the employee’s schedule to better align with their needs, or it may require more extensive changes, including acquiring adaptive tools, updating current workplace equipment, or making physical adjustments to the workspace to ensure that the employee has the necessary support to carry out their responsibilities.
Following Up with the Employee
After an accommodation has been granted and implemented, employers throughout California have a responsibility to regularly monitor the employee’s work performance. This ongoing process makes it possible to confirm whether the accommodations remain effective or if new circumstances require adjustments. Job duties may evolve over time, or an employee’s medical condition may improve, worsen, or change in ways that alter the suitability of the current support measures. When these situations occur, it becomes necessary to review the existing accommodations and make updates that reflect the employee’s present needs.
Equally significant is the need for open and reliable communication between the employer and the employee. By exchanging feedback and discussing issues as soon as they appear, both parties can respond quickly with appropriate adjustments. This approach helps the employee maintain their performance while ensuring that the organization continues to function efficiently.
Defining Undue Hardship for Reasonable Accommodations
At times, employers may resist or refuse to extend reasonable accommodations to workers with disabilities, frequently justifying their decision by citing potential inconvenience or anticipated difficulty in making changes. Nevertheless, California law is very clear that accommodations must be provided as a matter of legal duty. Even in circumstances where the modifications might appear burdensome or require additional effort, employers are still required to comply. In certain instances, an employer may attempt to argue that providing such an adjustment would rise to the level of undue hardship for the business.
Undue hardship is understood as a situation in which granting the requested accommodation would interfere in a serious way with the normal operations of the company or would demand financial resources to such a degree that it would threaten the organization’s overall stability. To determine whether this standard is met, the law looks at multiple considerations, including the type of accommodation being requested, the financial implications, the size and capability of the business, and the extent of disruption that could affect regular workplace functions.
