Imagine working in Orange County’s vibrant tech industry or the hospitality business, where your job is fast-paced and demanding. Now imagine you’re diagnosed with a medical condition, like diabetes, or you develop a back injury that makes sitting at a desk all day nearly impossible. You talk to your boss, explain your needs, and propose some simple changes, like a more flexible schedule or an ergonomic chair. And your boss says no.
It can be a terrifying moment. You may feel helpless and alone, worried that your career is on the line simply because your body doesn’t cooperate. But in California, you have rights. Our state has some of the strongest laws in the country to protect workers with disabilities, and employers are required to provide reasonable accommodations.
At WorkRight Law, we help people who have been denied the accommodations they need to do their jobs. We are a law firm in Orange County that helps people fight back against employers who violate their rights. This page will break down California’s failure to accommodate laws in a way that is clear and straightforward.
What is a reasonable accommodation?
A reasonable accommodation is a change to a job or the work environment that allows a qualified person with a disability to perform the essential functions of their job. It is a modification that enables a person with a disability to have an equal employment opportunity.
What is “reasonable” can vary from one job to the next. The accommodation must be effective in allowing you to perform the main duties of your job. The law does not require your employer to provide the exact accommodation you ask for. For example, if you need a specific type of chair, and your employer provides a different but equally effective one, that is generally considered a reasonable accommodation.
Here are some common examples of reasonable accommodations:
- Changes to the work environment: Providing a ramp, widening a doorway, or modifying a workstation to be more accessible.
- Job restructuring: Altering a job’s duties or offering a modified or part-time work schedule.
- Leave of absence: Granting time off for medical treatment or recovery.
- Equipment or devices: Providing an ergonomic keyboard, a special headset, or assistive software.
- Providing a sign language interpreter or a qualified reader.
Who is protected by California’s disability laws?
California’s disability laws are much broader than federal law. This means more people are protected. To be considered a person with a disability under California law, you must have a physical or mental condition that “limits” a major life activity. This is different from the federal standard, which requires a “substantial” limitation. In California, an impairment that makes a major life activity merely “difficult” is often enough to qualify you for protection.
A “major life activity” includes things like:
- Working
- Walking
- Seeing
- Hearing
- Speaking
- Breathing
- Caring for oneself
- Performing manual tasks
- Learning
- Concentrating
- Thinking
- Communicating
It is also important to know that a disability does not have to be permanent to be protected. For example, a temporary injury that makes it hard to walk for several months may be considered a disability. The law also protects you if you have a history of a disability or if your employer simply regards you as having a disability, even if you do not.
California’s primary anti-discrimination law is the Fair Employment and Housing Act (FEHA). FEHA applies to all employers with five or more employees. It prohibits employers from discriminating against employees and applicants on the basis of disability and requires them to provide reasonable accommodations.
What is the interactive process?
When you ask for a reasonable accommodation, your employer must engage in what is called the “interactive process.” This is a formal, good-faith conversation between you and your employer to determine an effective accommodation that meets your needs without causing the employer undue hardship.
Your employer has a legal duty to engage in this process. You do not have to use any specific words or special forms to trigger it. Simply telling your boss or HR that you need a change at work because of a medical condition or disability is enough to start the process.
The interactive process is not a negotiation. It is a dialogue. Both parties must participate in good faith. Your employer should not simply reject your request. Instead, they should:
- Meet with you to discuss your needs: Your employer should talk to you about your limitations and how they affect your ability to do your job.
- Consider your proposed accommodation: They should evaluate whether what you have asked for would be effective and whether it would cause them an undue hardship.
- Offer alternative accommodations: If your requested accommodation is not possible, your employer should propose other accommodations that would work.
An employer who fails to engage in this process or who does so in bad faith may be in violation of the law, even if they never ultimately deny an accommodation.
When can an employer say no to an accommodation?
An employer can deny a request for a reasonable accommodation if they can prove that providing it would cause an undue hardship.
An undue hardship is a significant difficulty or expense for the employer. Whether an accommodation creates an undue hardship depends on several factors, including:
- The size of the employer and the number of employees.
- The financial resources of the company.
- The nature and cost of the accommodation.
- The type of business operations.
For a large corporation with thousands of employees, a small expense like an ergonomic keyboard is almost never an undue hardship. For a small business with only a few employees, a very expensive modification might be. The burden of proof is on the employer to show that the accommodation would be an undue hardship.
I asked for accommodation and my employer said no. What can I do?
If your employer denies your request for reasonable accommodation, or if they refuse to engage in the interactive process with you, you may have a claim against them. You can pursue two primary legal paths in California.
- File a Complaint with the Civil Rights Department (CRD): This is a government agency that handles discrimination claims. The CRD will investigate your complaint and may try to resolve the matter through mediation. This is often a required first step before you can file a lawsuit.
- File a Lawsuit: You can sue your employer for failing to accommodate your disability. This may be a better option if you want to pursue compensation for lost wages, emotional distress, and other damages.
It is important to act quickly because these claims are subject to strict time limits, known as the statute of limitations. These are two separate deadlines. For most claims, you have three years from the date of the last harmful act to file a complaint with the CRD. If you want to file a lawsuit, you must first get a “Right-to-Sue” letter from the CRD. After you receive that letter, you have one year to file your lawsuit in court.
Key Takeaways
- A reasonable accommodation is a change to a job or work environment that allows a person with a disability to perform their job.
- California’s definition of “disability” is broad and protects more people than federal law.
- Employers with five or more employees must engage in an “interactive process” to discuss reasonable accommodations.
- Employers can only say no to an accommodation if they can prove it would cause them an undue hardship.
- You have a right to file a claim if your employer denies your request or retaliates against you.
- There are strict time limits for filing a claim, so it is important to act quickly.
Frequently Asked Questions
Does my employer have to give me an accommodation?
Yes, if you have a disability that limits a major life activity and the accommodation is reasonable, your employer has a legal obligation to provide it unless they can prove it would cause an undue hardship.
I have a back injury. Do I have to tell my employer that I have a disability?
No, you do not have to use the word “disability.” You only have to tell your employer that you need a change at work due to a medical condition. This is enough to start the interactive process.
Can my employer ask for a doctor’s note?
Yes. An employer can ask for a doctor’s note to confirm your medical condition and the limitations it places on you. However, they cannot ask for your specific diagnosis.
Can my employer fire me for requesting an accommodation?
No. It is against the law for an employer to fire, demote, or retaliate against you for requesting a reasonable accommodation. If they do, you may have a separate claim for retaliation.
Contact WorkRight Law
You have a right to work and to do your job free from discrimination. A boss who says no to your disability needs is violating the law and preventing you from having a fair chance at success.
We are here to stand with you and help you fight for the accommodations you need and the justice you deserve.
Your claim has a time limit, and every day you wait is another day you go without the fairness and protection you are entitled to. We will provide you with a confidential and no-cost case review. We will listen to your story, explain your rights, and help you determine the best path forward.
Do not wait any longer. Your future is worth fighting for.
