Failure to Accommodate

A disability or medical condition should not end your career. California employers must reasonably accommodate employees with disabilities and medical conditions, and must work with you in good faith to find a solution.

On this page: The duty · Examples · Violations · Interactive process · What to do · FAQ

Smith Trial Group represents employees throughout Southern California whose employers refused to accommodate a disability or medical condition. Our results include a $1.5 million jury verdict in a disability discrimination and wrongful termination case. Consultations are free and confidential.

Your Employer’s Duty to Accommodate

Under California’s Fair Employment and Housing Act, employers with five or more employees must provide reasonable accommodations for an employee’s known physical or mental disability or medical condition, unless the accommodation would cause undue hardship. California defines disability more broadly than federal law: a condition qualifies if it limits a major life activity, such as working, walking, sleeping, concentrating or lifting.

Employers also have a separate duty to engage in a timely, good-faith interactive process with the employee to identify an effective accommodation. In California, failing to accommodate and failing to engage in the interactive process are two separate legal violations, and an employer can be liable for either one.

Examples of Reasonable Accommodations

• A modified or part-time schedule, or time off for treatment
• A finite leave of absence, including leave beyond what CFRA provides
• Remote work, when the job can be performed remotely
• Modified duties or temporary light duty
• Equipment such as an ergonomic workstation, assistive technology or a stool
• Reassignment to a vacant position the employee is qualified for
• Changes to policies, such as allowing breaks to manage a condition

Common Violations

• Ignoring an accommodation request, or delaying for weeks without a response
• Rejecting a request without discussing alternatives
• Requiring an employee to be “100 percent healed” before returning to work
• Firing an employee whose leave ran out without considering additional leave or other options
• Demanding excessive medical information beyond what is needed to evaluate the request
• Disciplining or firing an employee for asking for an accommodation

How the Interactive Process Should Work

You do not need to use special words. Telling your employer that you have a medical condition that affects your work, and that you need a change, is generally enough to start the process. The employer may ask for reasonable medical documentation of your limitations, but generally not your diagnosis. Both sides should exchange information and consider options in good faith. If the first accommodation does not work, the process continues.

Accommodation and Medical Leave

Leave can itself be a reasonable accommodation. Even if you have exhausted leave under the California Family Rights Act, your employer may still be required to consider additional time off. See our guide Can I Be Fired for Taking Medical Leave? and our page on medical leave violations.

What to Do

• Put accommodation requests in writing, and keep copies of every response.
• Provide the medical documentation your employer reasonably requests.
• Keep notes of meetings and conversations about your request.
• Watch the deadline: most FEHA claims must be filed with the Civil Rights Department within three years. See our deadline guide.

Related: disability discrimination, pregnancy discrimination, retaliation and wrongful termination.

Helpful resources: California Civil Rights Department · Job Accommodation Network

Frequently Asked Questions

What counts as a disability for accommodation purposes in California?

A physical or mental condition that limits a major life activity, including working. California’s definition is broader than federal law and can include conditions such as back injuries, diabetes, anxiety and depression, and temporary conditions in some cases.

Does my employer have to give me the exact accommodation I ask for?

Not necessarily. The employer must provide an effective, reasonable accommodation, which may be different from the one you requested. It must discuss options with you in good faith.

Can my employer require a doctor’s note?

Yes, an employer can request reasonable medical documentation of your limitations and need for accommodation, but generally cannot require your diagnosis.

What if my employer says there is no position I can do?

Your employer must consider reassignment to vacant positions you are qualified for, and other options. Claiming there is nothing available without a genuine search can be a violation.

Related guides: Can I be fired for taking medical leave? · How long do I have to sue my employer?