Disability Accommodation and the Interactive Process in California
By Aidin Ghavimi, Managing Attorney ·
How California disability accommodation and the interactive process work under FEHA, and what happens if an employer ignores the request.
Employment Law
6 min read
Short answer: Under California’s Fair Employment and Housing Act, an employer with five or more employees must make a reasonable accommodation for a known physical or mental disability unless doing so would cause undue hardship. After a request, the employer must also hold a timely, good-faith interactive process for a known disability or known medical condition. Skipping that conversation is its own violation.
How the interactive process is supposed to work
- You tell a supervisor or human resources that a physical or mental disability, or a medical condition, is getting in the way of the job and that you need a change. You do not need a legal phrase.
- The employer responds promptly and asks what you can and cannot do. Silence is not a process.
- The employer may request reasonable documentation of the restriction. You do not have to turn over your entire medical file.
- Both sides look at options that let you do the essential functions: a schedule change, equipment, a finite leave, or a vacant job you can do.
- The employer either puts an accommodation in place or explains, in concrete terms, why each option is an undue hardship or would not work.
- If the restriction changes, the conversation continues. A one-time denial is not the end of the duty.
Our disability discrimination page is about being treated worse or fired because of a disability. This page is about the accommodation duties in Government Code 12940(m) and (n). How to prove disability discrimination covers evidence of motive.
Two duties, plus a retaliation ban
| Duty | Statute | What it means |
|---|---|---|
| Reasonable accommodation | Government Code 12940(m)(1) | A change that lets you perform the essential functions, unless the employer shows undue hardship. Common examples include a modified schedule, equipment, finite leave, remote work when the job allows it, and reassignment to a vacant position. |
| No retaliation for asking | Government Code 12940(m)(2) | The employer cannot punish you for requesting an accommodation, whether or not it grants the request. |
| Interactive process | Government Code 12940(n) | A timely, good-faith discussion to find an effective accommodation, if any, in response to a request by an employee or applicant with a known physical or mental disability or a known medical condition. |
| Safety and essential functions | Government Code 12940(a)(1) | The employer need not keep you in a job you cannot do even with accommodation, or that you cannot do without endangering health or safety even with accommodation. |
What the employer does not have to do
An accommodation is not reasonable if it eliminates an essential function or continues without an end date. A finite leave can be reasonable, including leave beyond CFRA, which is why a firing on the day protected leave ends should be read with our medical-leave firing page. A rule that nobody returns until they are 100 percent healed, with no look at actual restrictions, skips the individualized process the statute requires.
Failing to talk with you is independently unlawful under subdivision (n). Money damages for that failure usually still depend on whether some reasonable accommodation was available. That is a reason to identify the option you asked for and why it would have worked. It is not a reason to ignore a silent employer.
Deadlines and where this claim is filed
File with the Civil Rights Department within three years of the denial, the silence, or the firing (Government Code 12960(e)(5)). A lawsuit is generally due within one year after the right-to-sue notice (Government Code 12965). Punishment for the request can also be retaliation, covered on the retaliation hub. Use the deadline checker.
Checklist
- The date you first told the employer about the restriction, and who you told.
- Your written request and every reply, including replies that never came.
- The doctor’s note limited to the restriction, not your whole history.
- The job description, so essential functions are not invented after the request.
- Any “100 percent healed” email or a firing that followed the request.
Questions people ask
Do I have to say the words reasonable accommodation?
No. A known physical or mental disability starts the accommodation duty under Government Code 12940(m). A known disability or medical condition, plus a request, starts the interactive process under 12940(n). Plain language is enough. Put it in writing.
What if my employer skips the interactive process?
Failing to engage in a timely, good-faith discussion is its own violation of Government Code 12940(n). Whether that produces damages usually depends on whether a workable accommodation existed. Keep notes of every request and every response.
Can I be fired for asking for an accommodation?
No. Government Code 12940(m) separately prohibits retaliation for requesting an accommodation, whether or not it is granted. A later firing can still be lawful for a real reason unrelated to the request. Close timing is important evidence.
Can my employer demand my whole medical file?
The employer may ask for reasonable documentation of the work restriction. It does not get an open-ended tour of your medical history. A request should be tied to the job and the accommodation being discussed.
What if I cannot do the job even with help?
The employer does not have to remove an essential function or accept indefinite leave. If you cannot do the essential duties even with a reasonable accommodation, discharge can be lawful. The decision has to be specific to your job.
Talk with Starpoint Law. Call 310-424-9971 or contact us online for a free consultation. Offices in Century City and Sherman Oaks. We represent people in California only. The case is handled on contingency. If we do not win, you owe Starpoint Law nothing: no attorney fee and no case costs. This page is general information, not legal advice.
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