1. Workplace Decisions That May Violate Disability Rights
A rejected application, denied promotion, or termination may raise disability discrimination concerns. California Government Code § 12940(a) prohibits covered employers from making certain employment decisions because of a physical or mental disability.
California's FEHA and the federal ADA provide related but distinct protections. The central question here is whether the employer's conduct violated an applicable workplace protection.
Hiring, Promotion, and Unequal Treatment
Employers may assess whether applicants can perform essential duties with or without reasonable accommodation. They cannot substitute unsupported assumptions about a disability for an individualized assessment.
Promotion decisions and unfavorable assignments may also raise concerns when disability influences the outcome. Job requirements, performance records, and comparable employee treatment help assess whether an adverse decision involved unlawful discrimination.
Termination and Retaliation
A disability does not automatically prevent lawful discipline or termination. Under Government Code § 12940(a)(1), an employer may refuse to hire or discharge a person who cannot perform essential duties, even with reasonable accommodation. The provision also addresses situations where those duties cannot be performed safely, even with reasonable accommodation.
Separately, § 12940(m)(2) prohibits retaliation or discrimination for requesting accommodation, regardless of whether the request is granted. A retaliation claim requires evidence connecting protected conduct to the challenged employment action.
2. How Reasonable Accommodation Disputes Arise
Accommodation disputes often concern adjustments that would allow an employee to perform essential job duties. Government Code § 12940(m) requires reasonable accommodation for a known qualifying disability unless undue hardship or another applicable defense is established.
The federal ADA imposes a related duty under 42 U.S.C. § 12112(b)(5)(A). An accommodation assessment should focus on the employee's actual work limitations and available adjustments.
Accommodation Options and Legal Limits
Government Code § 12926(p) recognizes workplace adjustments such as modified schedules, accessible equipment, and reassignment. The appropriate option depends on the employee's limitations and available work.
| Workplace Difficulty | Possible Adjustment | Key Consideration |
|---|---|---|
| Restricted working hours | Modified schedule | Essential duties |
| Physical barriers | Accessible equipment | Effective access |
| Limits on current duties | Vacant-position reassignment | Employee qualifications |
| Treatment or recovery | Medical leave | Duration and feasibility |
Restricted working hours
- Possible AdjustmentModified schedule
- Key ConsiderationEssential duties
Physical barriers
- Possible AdjustmentAccessible equipment
- Key ConsiderationEffective access
Limits on current duties
- Possible AdjustmentVacant-position reassignment
- Key ConsiderationEmployee qualifications
Treatment or recovery
- Possible AdjustmentMedical leave
- Key ConsiderationDuration and feasibility
An employer generally need not provide the employee's preferred adjustment if another effective accommodation is available. However, the alternative must address the employee's actual workplace limitations.
The Interactive Process
Government Code § 12940(n) requires a timely, good-faith interactive process in response to a qualifying accommodation request. Under California Code of Regulations, title 2, § 11069(b), an employer must also initiate the process when it otherwise becomes aware of an employee's need for accommodation.
The parties should discuss work restrictions, essential duties, and practical alternatives. Appropriate medical documentation may be requested when necessary, subject to restrictions on medical inquiries.
Essential Functions and Undue Hardship
Employers generally need not eliminate fundamental job duties. Government Code § 12926(f) identifies factors relevant to essential functions, including actual work practices and written job descriptions.
Under § 12926(u), undue hardship involves significant difficulty or expense assessed against the employer's resources and operations. Ordinary inconvenience alone does not establish that defense.
3. Evaluating Disability Discrimination Claims and Defenses
Employees and employers may interpret the same workplace decision differently. Evaluating a claim requires distinguishing the alleged violation from the evidence supporting or disputing it.
Evidence Supporting an Employee'S Claim
An unfavorable employment decision alone does not establish unlawful discrimination. The evidence must address the requirements of the particular claim, including the employer's knowledge and the reasons for its actions.
Relevant records include:
- Accommodation requests and written responses.
- Job descriptions and performance evaluations.
- Medical documentation describing work restrictions.
- Communications about proposed adjustments.
- Disciplinary and termination records.
Employees should preserve relevant materials lawfully without accessing confidential employer information without authorization. A disputed dismissal may also involve wrongful termination claims.
Evaluating Employer Explanations and Defenses
Employers may dispute whether a decision was disability-based or whether an effective accommodation was available. Contemporaneous records can help assess the reasons for employment decisions and the steps taken to consider adjustments.
A written policy alone does not establish compliance. The employer's actual conduct and supporting evidence remain relevant when assessing employment discrimination allegations.
Comparing Resolution Options
The available options depend on the alleged violation, the evidence, and the employment relationship. Clarifying work restrictions or reconsidering an adjustment may resolve some accommodation disputes.
Other disagreements may involve contested legal claims requiring negotiation, administrative proceedings, or litigation. The chosen approach should account for the disputed issues and applicable procedural requirements.
4. When to Preserve Records and Consider Legal Action
Employees facing unresolved disability-related concerns should identify the relevant events and preserve available records. A timeline can help establish what occurred before and after an accommodation request or employment decision.
Filing deadlines also matter because internal discussions do not necessarily extend the time available for an administrative complaint.
Documenting an Unresolved Accommodation Request
Employees can record when they requested an accommodation, how the employer responded, and whether alternative adjustments were discussed. Written communications may clarify whether the interactive process continued or stalled.
Relevant records should distinguish the original request from later medical updates, proposed adjustments, and employer decisions.
Reviewing Discipline after a Request
When discipline follows an accommodation request, employees can compare the employer's explanation with earlier performance records and workplace policies. Changes in expectations, inconsistent explanations, and the sequence of events may warrant closer examination.
These records can help assess whether the stated disciplinary reason is supported by the available evidence.
Deciding When to File an Administrative Complaint
FEHA employment discrimination claims generally require CRD administrative procedures before a private lawsuit. Federal ADA Title I employment claims generally require an EEOC charge and the applicable right-to-sue process.
Because state and federal filing periods differ, employees should confirm the deadline for each claim. Internal workplace discussions do not necessarily extend those deadlines.
5. Frequently Asked Questions
Can an Employer Ask About a Disability Before Making a Job Offer?
Under the ADA, employers generally cannot ask applicants disability-related questions or require medical examinations before making a conditional job offer. California law also restricts preemployment medical inquiries. Employers may ask whether an applicant can perform job-related functions, subject to applicable legal limits.
Can an Employee Be Protected Against Discrimination for Having a Disability Record or Being Perceived as Disabled?
Yes. FEHA protects individuals in specified circumstances involving an actual disability, a history of disability, or being regarded or treated as having a disability. The applicable protection depends on the statutory definition and the employment conduct at issue.
19 Oct, 2026
