Disability Discrimination FAQ

California law provides one of the broadest definitions of disability in the nation under the Fair Employment and Housing Act (FEHA). A disability is defined as any physical or mental condition that limits a major life activity, which includes physical, mental, and social activities and working. Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Importantly, California does not require that a condition substantially limit a major life activity - merely that it limits such activity. This is a significantly lower threshold than federal ADA requirements. Protected disabilities include both physical conditions (such as chronic pain, back injuries, diabetes, cancer, heart disease, mobility impairments) and mental conditions (such as depression, anxiety, PTSD, bipolar disorder, ADHD). The condition does not need to be permanent or severe - even episodic or in remission conditions are covered. Additionally, California protects individuals who are regarded as having a disability, have a record of disability, or are associated with someone who has a disability.

A reasonable accommodation is a modification or adjustment to a job, work environment, or the way things are usually done that enables a qualified individual with a disability to perform the essential functions of their position. Under California law, employers with five or more employees must provide reasonable accommodations unless doing so would cause undue hardship.

Common examples of reasonable accommodations include: modified work schedules or part-time schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; job restructuring to eliminate non-essential functions; providing readers or interpreters; telework or remote work arrangements; additional unpaid leave beyond what is required by law; adjustments to workplace policies such as allowing service animals or emotional support animals; reserved parking spaces; ergonomic furniture or workstation modifications; and allowing periodic breaks for medical needs. The accommodation must be effective in allowing the employee to perform essential job functions, but it does not need to be the best accommodation or the employee's preferred accommodation - just a reasonable one.

The interactive process is a mandatory, good-faith dialogue between employer and employee to determine effective reasonable accommodations for a disability. Under California law, both parties have an obligation to engage in this process once the employer becomes aware of the need for accommodation. The process typically begins when an employee requests accommodation or when the employer becomes aware of a potential need (even without a formal request).

The employer should respond promptly and engage in a meaningful dialogue. Key steps include: the employee informing the employer of the disability-related limitation (though they don't need to use the word 'disability' or cite specific laws); the employer may request medical documentation to verify the disability and need for accommodation; both parties should discuss the essential functions of the job and the limitations caused by the disability; together they explore potential accommodations and their effectiveness; and the employer implements the agreed-upon accommodation or explains why proposed accommodations would cause undue hardship. Failure to engage in a timely, good-faith interactive process is itself a violation of FEHA, even if a reasonable accommodation would ultimately have been impossible.

Yes, employers can request medical documentation to verify a disability and the need for accommodation, but there are strict limits on what they can ask for and when. Under California law, employers may request medical information only when it is job-related and consistent with business necessity. Typically, this means the employer can ask for documentation that confirms: the existence of a disability; the need for accommodation; and the functional limitations that require accommodation. However, employers cannot require disclosure of the specific diagnosis or detailed medical records - only information about limitations and restrictions.

The documentation should generally come from an appropriate healthcare provider. Importantly, employers cannot require medical examinations or inquiries before making a job offer (pre-employment), with limited exceptions for specific job requirements. After a conditional job offer, medical exams are permitted only if required of all entering employees in the same job category. For current employees, medical examinations must be job-related and consistent with business necessity, usually triggered by an accommodation request or concern about ability to perform essential functions. Employees have the right to have their medical information kept confidential and stored separately from personnel files.

Under California law, employers must provide reasonable accommodations unless doing so would cause 'undue hardship,' which is defined as an action requiring significant difficulty or expense. However, the undue hardship standard is very difficult for employers to meet, and many accommodations cost little or nothing to implement. When evaluating undue hardship, courts consider: the nature and cost of the accommodation; the overall financial resources of the employer and the facility; the number of employees; the effect on expenses and resources; the impact on facility operations; and the type of operation.

Importantly, the analysis looks at the employer's overall resources, not just the specific department or location. A large corporation cannot claim undue hardship based solely on the cost to one location. Additionally, if external funding is available (such as tax credits or state rehabilitation services), this reduces the employer's burden. Many accommodations like schedule changes, policy modifications, or reassignment cost nothing. Employers cannot claim undue hardship without engaging in the interactive process and seriously considering the accommodation. Simply stating something is too expensive or disruptive is not sufficient - they must provide concrete evidence. If an employer claims undue hardship, they still must consider alternative accommodations that would not pose such hardship.

Yes, unpaid medical leave can be a reasonable accommodation under California law, and in some cases, California requires more generous leave than federal law. Under FEHA, employers must provide reasonable accommodation which may include additional leave beyond what is required by the California Family Rights Act (CFRA), the federal Family and Medical Leave Act (FMLA), or pregnancy disability leave. There is no specific maximum amount of leave that must be provided - it depends on whether the leave is reasonable and would not cause undue hardship.

California courts have found that leaves of several months or even a year may be reasonable depending on the circumstances, the employer's size and resources, whether a return date is foreseeable, and the employer's ability to hold the position open or fill it temporarily. Employers must engage in the interactive process to determine if leave is an appropriate accommodation and how much leave is reasonable. Importantly, the leave does not need to be paid (unless employer policies provide for paid leave), but the employer must continue health benefits as if the employee were actively working. Employers cannot impose arbitrary leave limits without considering individual circumstances.

This is a complex area of California disability discrimination law that depends on several factors. Generally, employers cannot terminate employees for performance issues that are directly caused by a disability without first providing reasonable accommodation that would enable them to perform essential job functions. If you can perform the essential functions of your job with reasonable accommodation, terminating you for disability-related performance issues would constitute disability discrimination under FEHA.

The key analysis involves several questions: Are the performance issues related to your disability? Can you perform the essential functions of the position with reasonable accommodation? Has your employer engaged in the interactive process to identify potential accommodations? Has the employer provided all reasonable accommodations? Even with accommodation, can you meet legitimate performance standards? California law does not require employers to eliminate essential functions, excuse performance of essential functions, or lower production or performance standards. However, employers must provide accommodation that enables you to meet those standards. Employers who skip the interactive process and jump straight to termination, or who refuse to consider accommodations, violate FEHA even if ultimately no accommodation would have worked.

California's FEHA provides significantly broader disability protections than the federal Americans with Disabilities Act (ADA). The most important differences include: FEHA applies to employers with five or more employees, while ADA applies only to employers with 15 or more employees, extending protection to many more California workers. FEHA's definition of disability is broader - it requires only that a condition 'limits' a major life activity, whereas ADA requires 'substantial limitation.' This lower threshold means many more conditions qualify as disabilities under California law.

FEHA explicitly covers mental disabilities on equal footing with physical disabilities, with detailed regulations addressing mental health conditions. California requires employers to consider reassignment to vacant positions as a reasonable accommodation and to assist in identifying such positions, while federal law is less demanding. FEHA's interactive process requirements are more detailed and employer failure to engage in good faith is independently actionable. California provides for unlimited compensatory and punitive damages in disability discrimination cases, whereas ADA caps damages based on employer size. The statute of limitations under FEHA is three years compared to much shorter federal deadlines. When evaluating disability discrimination claims, California courts must interpret FEHA independently of federal ADA precedent, and California law often provides broader protections.

Proving disability discrimination in California requires showing that your disability was a motivating factor in an adverse employment action. You can prove this through direct evidence (explicit disability-related comments or written policies) or, more commonly, through circumstantial evidence and inference. To establish a prima facie case, you typically must show: you have a disability covered by FEHA; you are qualified to perform the essential functions of the job with or without reasonable accommodation; you suffered an adverse employment action; and your disability was a motivating factor in that action.

Key types of evidence include: medical documentation of your disability and functional limitations; records of your accommodation requests and the employer's responses (or lack thereof); evidence the employer failed to engage in the interactive process; documentation that you could perform essential functions with accommodation; evidence the employer's stated reasons for adverse action are pretextual; disability-related comments by supervisors or decision-makers; comparisons showing non-disabled employees were treated more favorably; and timing evidence, such as adverse action shortly after disclosing your disability or requesting accommodation. The interactive process itself provides crucial evidence - document all communications, requests, and proposals. Keep copies of all medical documentation, accommodation requests, emails, performance reviews, and notes from conversations.

California provides comprehensive remedies for victims of disability discrimination under FEHA. Economic damages include: back pay from the date of discrimination until resolution; front pay for future lost earnings if reinstatement is not feasible; lost benefits including health insurance, retirement contributions, and stock options; compensation for lost earning capacity and career advancement; and medical expenses caused by the discrimination. Non-economic damages include compensation for emotional distress, mental anguish, humiliation, loss of enjoyment of life, and damage to reputation. Importantly, there is no cap on compensatory damages in FEHA cases, unlike federal ADA claims which cap damages based on employer size.

In cases involving malice, oppression, or fraud, courts can award punitive damages to punish the employer and deter future discrimination. Equitable relief may include: reinstatement to your former position; promotion to the position you were denied; provision of the reasonable accommodation that should have been offered; injunctions requiring policy changes; and expungement of negative records from your personnel file. Attorney's fees and costs are available to prevailing plaintiffs, typically making it possible to find attorneys who will take cases on contingency. To pursue these remedies, you must file a complaint with the California Civil Rights Department within three years. After receiving a right-to-sue notice, you have one year to file a lawsuit.