When Can California Disability Discrimination Lead to Legal Action?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.