How to Request a Reasonable Accommodation in California

Overview

Under California's Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations to employees with disabilities. This guide walks you through the process of requesting an accommodation and what to expect from your employer.

Understanding Reasonable Accommodation

What Is a Disability

Under FEHA, a disability is a physical or mental condition that limits a major life activity. The definition is broad and includes conditions that have been in remission if they would limit a major life activity when active.

What Is a Reasonable Accommodation

A reasonable accommodation is a modification to the job or work environment that enables an employee with a disability to perform the essential functions of the job. Accommodations are "reasonable" if they do not impose an undue hardship on the employer.

Examples of Accommodations

Reasonable accommodations include:

• Modified work schedule or telecommuting
• Job restructuring or modified duties
• Assistive devices or technology
• Physical workspace modifications
• Reassignment to a different position
• Leave for medical treatment
• Modified break or meal schedules

Step 1: Disclosure and Request

Inform Your Employer

You must inform your employer that you have a disability and request an accommodation. You do not need to use the word "accommodation," but you must clearly communicate that you need a change to your work arrangement due to a medical condition.

Who to Tell

Inform your direct supervisor, human resources, or the designated accommodation coordinator. It is best to put the request in writing via email or letter so you have a record.

Sample Language

Here is sample language for a reasonable accommodation request: "I have a medical condition that affects my ability to perform my job. Due to this condition, I request the following accommodation: [description of specific accommodation needed]. This accommodation would enable me to perform the essential functions of my job."

No Need to Disclose Diagnosis

You do not need to disclose your specific diagnosis. You only need to disclose that you have a condition and what accommodations you need.

Step 2: Provide Medical Documentation

Employer May Request Medical Information

The employer may request medical documentation to verify that you have a disability and to understand what accommodations you need. The employer can ask for:

• Medical certification of your condition
• Functional limitations caused by the condition
• Requested accommodations and why they would help
• Duration of the condition and limitations

Provider and Format

Medical documentation should come from a healthcare provider treating you. It should be on the provider's letterhead and include the provider's name, credentials, and contact information.

What Not to Disclose

The employer cannot require extensive medical records or detailed diagnosis information. The employer can only request information sufficient to understand the disability and the needed accommodation.

Step 3: The Interactive Process

What Is the Interactive Process

The interactive process is a collaborative dialogue between you and your employer to identify and discuss potential reasonable accommodations. Both parties have obligations to participate in good faith.

Timing

The interactive process must begin promptly after you request an accommodation. The employer cannot delay or indefinitely postpone the discussion.

Potential Accommodations

During the interactive process, discuss various possible accommodations that might meet your needs. You can propose accommodations, and the employer should consider your suggestions.

Your Obligations

You should:

• Provide requested medical documentation promptly
• Participate in the discussion in good faith
• Suggest specific accommodations that would enable you to work
• Provide information about your functional limitations and needs

Employer Obligations

The employer should:

• Respond to your request promptly
• Engage in good faith discussion about accommodations
• Explore multiple accommodation options
• Explain why an accommodation cannot be provided (if applicable)
• Consider your preferences and suggestions

Identifying Appropriate Accommodations

Think About Your Needs

Consider what specific changes would enable you to perform your job. Think about:

• When your symptoms or limitations are worst
• What tasks are most difficult
• What would reduce symptoms or limitations
• How much time or flexibility you need

Effective Accommodations

The best accommodations are those that actually help you perform your job. Common effective accommodations include:

• Flexible start/end times or remote work
• Modified break schedules
• Reduced hours or gradual return to work
• Job restructuring to eliminate problematic tasks
• Assistive technology

Undue Hardship Defense

When Can an Employer Deny an Accommodation

An employer can deny a requested accommodation if providing it would cause "undue hardship" to the employer's business. Undue hardship means substantial increased costs or operational difficulty.

Employer Burden

The employer has the burden of proving that an accommodation creates undue hardship. The employer cannot speculate about costs or operational problems; there must be specific evidence.

Factors Courts Consider

Courts consider factors such as:

• Cost of the accommodation relative to the employer's resources
• Operational impact on the business
• Feasibility of the accommodation
• Whether an alternative accommodation is available

Challenging Undue Hardship Claims

If the employer claims undue hardship, ask for specific documentation and evidence. The claim must be based on facts, not speculation.

What If Your Accommodation Request Is Denied

Request Explanation in Writing

If your accommodation request is denied, ask for a written explanation of why it was denied and what alternative accommodations were considered.

Challenge the Denial

If you believe the denial is unjustified, you can:

• Request reconsideration with additional information
• Suggest alternative accommodations
• Escalate the request to senior management or HR
• Complaints may be filed with the Civil Rights Department (CRD)

Legal Action

If the employer denies a reasonable accommodation without legitimate business reasons, this may constitute disability discrimination. You may be able to file a complaint with the CRD or pursue litigation.

Conclusion

Requesting a reasonable accommodation requires clear communication with your employer, medical documentation, and good-faith participation in the interactive process. If your employer denies an accommodation or fails to engage in the interactive process, consult with an employment attorney.

This guide is provided for general informational and educational purposes only. It does not constitute legal advice. Consult a qualified attorney for advice regarding your particular circumstances.