In California, workers with disabilities have strong legal protections that require employers to provide reasonable accommodations and engage in an interactive process to determine appropriate workplace modifications.
What Qualifies as a Disability?
Under the Fair Employment and Housing Act (FEHA), which applies to employers with five or more employees, a disability is defined broadly to include both physical and mental conditions that “limit” a major life activity. Note that this standard is broader than federal definitions of disability under the Americans with Disabilities Act (ADA) and the federal Fair Housing Act (FHA), which requires the condition substantially limit one or more major life activities. California law intentionally defines disability more inclusively than federal law, covering conditions that may not qualify under the ADA.
The law defines disability quite broadly. A “physical disability” may include any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects body systems.
Similarly, “mental disability” could include any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.
Your Right to Reasonable Accommodation
If you have a disability, your employer is legally required to provide reasonable accommodations. Under California regulations, a reasonable accommodation consists of modifications or adjustments that are:
- Effective in enabling an applicant with a disability to have an equal opportunity to be considered for a desired job, or
- Effective in enabling an employee to perform the essential functions of the job the employee holds or desires, or
- Effective in enabling an employee with a disability to enjoy equivalent benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.
Examples of reasonable accommodations may include:
- Modified work schedules or part-time hours
- Acquiring or modifying equipment
- Making facilities accessible
- Providing qualified readers or interpreters
- Adjusting examinations, training materials, or policies
- Work-from-home arrangements
- Leave for medical treatment or recovery
- Allowing assistive animals in the workplace
- Reassignment to a vacant position
It is important to note that not all accommodation requests must be honored under the law, such as if the accommodation would cause an undue hardship to the business, but there must be proper consideration of potential accommodations. That is why the law requires employers engage in an interactive process.
The Interactive Process: A Crucial Right
When you request an accommodation or your employer becomes aware you may need one, your employer should engage in a timely, good faith interactive process. This is a collaborative dialogue between you and your employer to determine effective accommodations.
The interactive process could include:
- An analysis of your position to determine essential functions
- Consultation with you to ascertain limitations and potential accommodations
- Consideration of your preference
- Selection and implementation of effective accommodations, if any
Your employer cannot simply reject your accommodation request without this process. Indeed, a failure to engage in this interactive process is likely, in and of itself, a violation of the law.
How to Request an Accommodation
There’s no required format for requesting an accommodation, but it may be best to:
- Make your request in writing
- Explain your condition and limitations
- Suggest specific accommodations (if you know what might help)
- Include supporting medical documentation if available
Your employer may request reasonable medical documentation to confirm your disability and need for accommodation, but they should not require unrelated medical information. Importantly, you are not required to disclose the specific nature of your disability. Generally speaking, documentation need only confirm the existence of a disability and describe the functional limitations that require accommodation, but more could be required such as second opinions regarding the condition.
All medical information provided during this process must be kept confidential and maintained in files separate from your personnel records. Generally, only supervisors and managers who need to know about your restrictions and accommodations should have access to this information.
What If Your Employer Refuses?
If your employer denies your request for accommodation or fails to engage in the interactive process, you may have grounds to pursue legal remedies. Consider discussing your options with an employment lawyer who may be able to help you navigate the process and pursue your claims.