Disability Discrimination at Work in California: When Must My Employer Accommodate Me?
If you have a health condition, an injury, or a disability and you are worried about how your employer is treating you, you are not alone, and you may have more rights than you realize. California law protects many workers with disabilities from being treated unfairly because of their condition, and in many situations it requires an employer to work with you to find a reasonable adjustment that lets you keep doing your job. Still, these protections have limits and turn heavily on the specific facts, so understanding the general framework may help you decide what to do next.
This article explains, in general terms, how California and federal law approach disability discrimination at work, what a “reasonable accommodation” is, what the “interactive process” involves, and the deadlines that may apply. It is not legal advice, and every situation is different. If you believe you may have been treated unfairly because of a disability or a request for accommodation, consider speaking with a qualified California employment attorney promptly.
What Counts as a “Disability” Under the Law?
California’s main workplace civil rights law is the Fair Employment and Housing Act, or “FEHA” (Government Code § 12900 and following sections). Under Government Code § 12940(a), it is generally an unlawful employment practice for a covered employer to discriminate against an employee because of a physical disability, mental disability, or medical condition in the terms, conditions, or privileges of employment, including hiring, firing, pay, and promotion. Note that “medical condition” has a specific, narrower meaning under FEHA than the everyday phrase suggests (Gov. Code § 12926(i)).
At the federal level, the Americans with Disabilities Act (the “ADA”), originally enacted in 1990 and broadened by the ADA Amendments Act of 2008 (effective January 1, 2009), provides overlapping protections. Under 42 U.S.C. § 12102, a “disability” generally means a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. Major life activities can include things like walking, standing, lifting, seeing, hearing, concentrating, sleeping, and working, as well as the operation of major bodily functions.
One point worth knowing: California’s definition of disability is generally understood to be broader than the federal one. FEHA asks whether a condition limits a major life activity, rather than whether it “substantially limits” it as the ADA phrases it (Gov. Code § 12926(j), (m)). The Legislature has also stated that FEHA is intended to provide protection independent of, and broader than, the ADA (Gov. Code § 12926.1(c)). Conditions that are episodic or in remission, such as certain chronic illnesses, may still qualify if they would limit a major life activity when active. Whether any particular condition qualifies is a fact-specific question that a qualified attorney can help evaluate.
What Is a “Reasonable Accommodation”?
A reasonable accommodation is, in general terms, a change to the job or the workplace that allows a qualified employee with a disability to perform the essential functions of their position. Under Government Code § 12940(m), it is generally unlawful for a covered employer to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee, unless doing so would impose an “undue hardship.” Undue hardship generally means significant difficulty or expense, considering factors such as the employer’s size, resources, and the nature of its operations (Gov. Code § 12926(u)). The ADA contains a comparable requirement (42 U.S.C. § 12112(b)(5)(A)).
Accommodations look different in every workplace, and no single list captures every option. People sometimes describe adjustments like the following, although whether any of these is reasonable in a given case depends entirely on the facts:
Changes to schedule or leave
A modified schedule, intermittent breaks, or a finite period of leave to recover or attend treatment may be a reasonable accommodation depending on the circumstances.
Changes to equipment or the physical workspace
Ergonomic equipment, assistive technology, or physical modifications to a workstation may be relevant, depending on the job and the condition.
Changes to how or where work is done
Adjusting non-essential duties, allowing remote work where feasible, or reassigning certain tasks may be considered, depending on the role and the employer’s operations.
Reassignment to a vacant position
Where an employee can no longer perform their current role even with accommodation, reassignment to a vacant position for which they are qualified may be considered in some circumstances.
Importantly, an employer is generally not required to eliminate an essential function of the job, lower performance standards, or provide an accommodation that would cause undue hardship. What qualifies as “reasonable” and what counts as “undue hardship” are fact-specific questions.
The “Interactive Process”: A Two-Way Conversation
California law does not just ask employers to guess at accommodations. Under Government Code § 12940(n), it is generally unlawful for a covered employer to fail to engage in a timely, good-faith “interactive process” with an employee or applicant who has requested reasonable accommodation for a known disability or medical condition. California regulations also generally require an employer to start the process on its own in certain situations, such as when it becomes aware of an employee’s possible need for accommodation (Cal. Code Regs., tit. 2, § 11069(b)). In plain terms, this usually means the employer and employee are each expected to communicate in good faith to try to identify an effective accommodation.
You generally do not need to use any magic words to start this process. Letting your employer know that a medical condition is affecting your ability to do some part of your job may be enough to trigger the employer’s obligation to engage. Both sides are generally expected to participate; a breakdown in that conversation may itself be relevant to a claim, depending on the facts.
What Might Unlawful Disability Discrimination Look Like?
Disability discrimination claims can arise in many ways, and the following are only general examples. Whether any of these supports a claim depends entirely on the specific facts:
- Being fired, demoted, or disciplined shortly after disclosing a disability or requesting accommodation.
- An employer refusing to discuss any accommodation at all, or ignoring a request.
- Being screened out by a policy or test that is not job-related and consistent with business necessity (a concern the ADA addresses at 42 U.S.C. § 12112).
- Being treated worse than coworkers because of a condition, a perceived condition, or a record of one.
- Being punished for asking about rights or for taking protected medical leave.
Keep in mind that an employer may have lawful, non-discriminatory reasons for an employment decision, and not every adverse action connected in time to a disability is unlawful. These cases often turn on the evidence and the surrounding circumstances, which is why an individualized review may be valuable.
Retaliation Is Separately Prohibited
Beyond the accommodation rules, it is generally unlawful for an employer to retaliate against an employee for requesting accommodation, opposing disability discrimination, or participating in a related complaint or proceeding (Gov. Code § 12940(h), (m)(2); 42 U.S.C. § 12203). Employees who take protected medical leave may also have separate rights under the California Family Rights Act (Gov. Code § 12945.2), which prohibits retaliation for exercising leave rights. If you believe you were punished for asserting your rights, that may be relevant on its own, depending on the circumstances.
What Are the Deadlines?
Deadlines matter, and they can be strict. Under California law, an employee generally has up to three years to file a complaint with the California Civil Rights Department, or “CRD” (Government Code § 12960, as amended by AB 9). After the CRD issues a right-to-sue notice, there is generally a one-year window to file a civil lawsuit (Government Code § 12965). Amendments that took effect January 1, 2026 (SB 477) added tolling rules that can pause that one-year period in certain circumstances, such as when a complainant timely appeals the CRD’s closure of a complaint. Federal ADA claims follow a separate process: in California, a charge generally must be filed with the EEOC within 300 days of the alleged discriminatory act, and a lawsuit generally must be filed within 90 days after the EEOC issues a notice of right to sue.
Exceptions and different procedural requirements may apply. Because the exact deadline that applies depends on the type of claim and the specific facts, and because missing a deadline can bar an otherwise valid claim, it is generally wise to seek legal advice promptly rather than wait. Do not rely on this article to calculate any legal deadline.
What You May Want to Consider Doing
If you believe you may be experiencing disability discrimination or your accommodation request is being ignored, you might consider:
- Keeping a record of relevant events, requests, and communications, along with dates.
- Putting an accommodation request in writing where practical, so there is a clear record.
- Reviewing any employee handbook or written policy on accommodations and disability.
- Speaking with a qualified California employment attorney who can evaluate your particular circumstances.
None of this guarantees a particular outcome, but understanding your options may help you make informed decisions.
Please keep only information that you lawfully possess. Do not access restricted company systems or obtain confidential, proprietary, privileged, or personal information that you are not authorized to possess.
The Bottom Line
California and federal law protect many workers with disabilities from discrimination and, in many situations, require employers to provide reasonable accommodations and to engage in a good-faith interactive process. Whether a particular condition qualifies, whether a requested accommodation is reasonable, and whether an employer’s conduct crossed a legal line all depend on the specific facts. If you think your rights may have been affected, an individualized review by a qualified attorney may help you understand where you stand.
If you believe you may have been discriminated against because of a disability, or that your employer may have failed to accommodate your condition, and want to better understand the strength of your potential claim, Blackstone Law may be able to help evaluate the circumstances and explain your legal options. Call Blackstone Law at (310) 956-4054 or contact us online to request a free case evaluation. Because filing deadlines vary depending on the type of claim, consider seeking legal advice promptly.
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Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Employment laws, filing deadlines, and available remedies depend on the specific facts of each situation and may change over time. Reading this article, using this website, submitting an inquiry, or contacting Blackstone Law does not create an attorney-client relationship. An attorney-client relationship is established only through a written agreement signed by the firm and the client. Do not rely solely on this information to calculate a legal deadline, evaluate the strength of a potential claim, or decide whether to sign an agreement. Consult a qualified California employment attorney promptly regarding your circumstances. Past results do not guarantee or predict a similar outcome.
