Your Legal Right to Disability Accommodations at Work in California

As an employee or job applicant with a disability, you have certain rights under federal and state law. California employees and job applicants are primarily protected by the Fair Employment and Housing Act (FEHA). This law offers broader protections than the Americans with Disabilities Act (ADA), the federal law governing disability rights in the workplace. Understanding your rights under FEHA can help ensure you are treated fairly.

FEHA vs. ADA

The ADA requires employers in the United States to provide qualified individuals with disabilities reasonable accommodations as long as the accommodations do not impose an “undue hardship” on the employer. FEHA sets the same rule, but unlike the ADA, which covers employers with 15 or more employees, FEHA applies to employers with five or more employees.

Secondly, FEHA defines “disability” more broadly than the ADA. Under FEHA, both physical and mental disabilities are covered, and even temporary or recurring impairment may qualify an individual for workplace accommodations. As a result, conditions such as pregnancy-related complications or short-term diseases may be recognized as disabilities under FEHA.

Third, unlike the ADA, which requires that a condition substantially limit one or more major life activities, California law only requires that the condition limit such an activity.

Another key distinction between the ADA and FEHA is that FEHA requires employers to engage in an interactive process with individuals who request an accommodation. This is a dialogue between an employer and a disabled employee or job seeker to determine a mutually agreeable solution that enables the individual to perform their job duties well.

What is a Disability Under FEHA?

FEHA covers both mental and physical disabilities. Physical disabilities may include any physiological diseases, disorders, or other conditions that affect the body and limit a major life activity. On the other hand, mental disabilities may include any psychological disorders or conditions that limit a major life activity, such as organic brain syndrome, specific learning disabilities, or intellectual disability.

What is Your Right to Reasonable Accommodation?

If you are an employee or job applicant with a qualifying disability, you have the right to reasonable accommodation. But what does this mean? Under California law, reasonable accommodations consist of modifications that;

1.     Help a job applicant with a disability have a fair chance at being considered for the position they want, or
2.     Allow a worker to carry out the key duties of their job, or
3.     Ensure that an employee with a disability can access the same benefits and opportunities as other employees without disabilities in similar roles.

Examples of such accommodations may include;

• Offering remote work or flexible working hours
• Altering work schedules
• Providing assistive tools or technologies
• Making facilities accessible
• Reassignment of job duties

As mentioned earlier, an employer can only deny an accommodation if providing it would cause an undue hardship.

The Interactive Process

After you request an accommodation or your employer learns that you need one, your employer is required to engage in a timely, good-faith interactive process. Failure to do so may be considered a violation of the law. The interactive process could entail an evaluation of your position to ascertain essential functions, consultation with you to determine limitations and possible accommodations, and choosing and implementing effective accommodations.

Contact a California Employment Lawyer

If an employer has unjustly denied your request for accommodation or failed to engage in the interactive process, you may be eligible to pursue legal remedies. Contact a California employment lawyer for help navigating the complex legal process.