Disability Discrimination Lawyers in California

When an Employer Will Not Accommodate a Disability

Under California’s Fair Employment and Housing Act (FEHA), covered employers generally must provide reasonable accommodations for a known physical or mental disability unless doing so would cause undue hardship. They must also engage in a timely, good-faith interactive process to identify effective accommodations. These requirements generally apply to employers with five or more employees.

What Is a Reasonable Accommodation?

A reasonable accommodation is a workplace adjustment that helps a qualified applicant participate in the hiring process or an employee perform essential job duties. Depending on the situation, options may include modified schedules, accessible equipment, changes to nonessential duties, medical leave, or reassignment to a vacant position.

Common Accommodation Scenarios

These illustrative examples show issues that may warrant review. An accommodation request does not automatically establish entitlement to a particular adjustment.

• Your employer refuses a schedule adjustment. You request a later start time for disability-related treatment. Rather than automatically rejecting the request, the employer should evaluate your needs, essential duties, and possible effective alternatives.
• You are told to return “100% healed.” You can work with medical restrictions, but your employer refuses to discuss adjustments. A blanket full-recovery requirement can raise concerns when you could perform the essential duties with reasonable accommodation.
• A mental health accommodation is dismissed. You request an adjustment related to a qualifying mental health disability, such as a modified schedule or quieter workspace. The employer should assess the request individually rather than dismissing mental health limitations.
• Your available leave has run out. You need additional time to recover before returning to work. Exhausting another leave entitlement does not automatically end the accommodation inquiry; additional leave may need to be considered.
• Your request is ignored or followed by punishment. You ask for an accommodation and receive no meaningful response, or your employer cuts your hours because you requested it. Failure to engage in the interactive process and retaliation can raise separate legal issues.

Does an Employer Have to Approve Your Exact Request?

Not necessarily. An employer may offer a different effective accommodation. It generally does not have to eliminate essential job functions, create a new position, or provide an accommodation that causes undue hardship. The analysis depends on your limitations, the job, available alternatives, and the employer’s circumstances.

What Should You Keep for a Legal Review?

Preserve accommodation requests, employer responses, relevant medical work restrictions, job descriptions, and records of changes to your hours, pay, or duties. A written request can help document the issue, although California law does not require a particular form to begin the interactive process.

Legal references: California Government Code § 12940(m) and (n) address reasonable accommodation and the interactive process. Section 12940(m)(2) protects accommodation requests against retaliation. See also California Civil Rights Department accommodation guidance .

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