Your Right to Reasonable Accommodations in California Workplaces

If you have a disability or medical condition that impacts your ability to perform your job duties, you may be entitled to reasonable accommodations from your employer.

California law requires most employers to engage in a good faith interactive process to identify and implement accommodations that allow qualified employees with disabilities to perform their essential job functions.

Here’s what you should know about your right to reasonable accommodations in the workplace.

What is a Reasonable Accommodation?

A reasonable accommodation is any change or adjustment to a job, the work environment, or the way things are usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity. The purpose of a reasonable accommodation is to allow employees with disabilities to perform the essential functions of their jobs and enjoy equal benefits and privileges of employment.

Examples of reasonable accommodations include:

• Modifying work schedules or allowing flexible hours
• Permitting breaks or providing leave for medical appointments
• Providing assistive equipment or devices
• Modifying examinations, training materials, or policies
• Allowing service animals in the workplace
• Reassigning an employee to a vacant position they are qualified for
• Providing reserved parking for mobility issues

Accommodations will vary depending on the individual’s specific limitations and the nature of the job. The key is that the accommodation must be reasonable and not impose an undue hardship on the employer.

Who Is Entitled to Reasonable Accommodations?

In California, employees with disabilities are entitled to reasonable accommodations under the Fair Employment and Housing Act (FEHA). The FEHA applies to employers with five or more employees.

To be eligible for accommodations, you must have a disability as defined by the FEHA. This includes both physical and mental disabilities that limit a major life activity, such as walking, seeing, hearing, speaking, breathing, learning, or working.

The FEHA also covers medical conditions, including any health impairment related to or associated with a diagnosis of cancer for which a person has been rehabilitated or cured.

Critically, you must be able to perform the essential functions of your job, with or without reasonable accommodations, to be protected by the law. Essential functions are the fundamental duties of the position.

Your disability does not need to be permanent or severe to qualify for accommodations. Temporary impairments like pregnancy or recovery from surgery can also entitle you to accommodations if they impact your ability to work.

The Interactive Process

To get an accommodation, you typically must request one from your employer. This triggers the employer’s obligation to engage in a timely, good-faith interactive process to determine appropriate accommodations.

The interactive process may include:

• Analyzing job functions to establish the essential and nonessential duties
• Identifying job-related limitations and how they could be overcome with accommodations
• Exploring potential accommodations and assessing their effectiveness
• Selecting and implementing the most appropriate accommodations for the employee and employer

Both the employee and employer are expected to participate in the interactive process in good faith. You should cooperate with your employer’s reasonable requests for information and be willing to try the accommodations offered. The employer must be responsive to your requests and genuinely consider possible accommodations.

An employer is not required to provide the exact accommodation requested if another effective option is available. They can choose among effective accommodations. However, an employer cannot simply deny a request for accommodation without engaging in the interactive process.

Limits on the Duty to Accommodate

While the duty to provide reasonable accommodations is broad, there are some limits. Employers are not required to provide accommodations that would impose an undue hardship.

An undue hardship is a significant difficulty or expense determined by factors like the nature and cost of the accommodation, the overall financial resources of the employer, the impact on operations, and the type of business. An employer must assess on a case-by-case basis whether a particular accommodation would be an undue hardship.

An employer also does not have to create a new position for an employee with a disability, remove essential job functions, provide personal items like glasses or hearing aids, or excuse poor performance unrelated to a disability.

Enforcing Your Right to Accommodations

If you believe your employer has unlawfully denied you a reasonable accommodation, you have options. You can file a complaint with the California Civil Rights Department (CRD) or file a lawsuit against your employer.

Before filing a lawsuit, you must exhaust your administrative remedies by filing a complaint with the CRD. The CRD complaint must be filed within three years of the denial of accommodation. If the CRD does not resolve your complaint, you can request a right-to-sue notice and proceed with a lawsuit.

If you prevail in a reasonable accommodation case, you may be entitled to damages, including lost wages and benefits, emotional distress damages, attorneys’ fees, and injunctive relief requiring the employer to provide the accommodation.

An experienced disability discrimination attorney can help you navigate the process of requesting accommodations, file a CRD complaint, and litigate your case if necessary. Having legal representation signals to your employer that you’re serious about enforcing your rights.

Protect Your Right to Equal Employment Opportunities

A disability shouldn’t prevent you from succeeding at work. California law entitles employees with disabilities to reasonable accommodations to level the playing field and ensure equal opportunities.

If you’ve been denied a reasonable accommodation that you need to do your job, know that you have rights. At TONG LAW, we’re dedicated to helping employees with disabilities assert their right to accommodations and fight disability discrimination in all its forms.

Don’t let an employer’s unlawful refusal to accommodate hold you back. Contact us for a confidential consultation, and let us help you protect your livelihood and dignity. Your right to work matters.