You told your employer about your disability. You explained what you needed to do your job, whether that was a modified schedule, an ergonomic chair, time off for medical appointments, or different duties while you recovered. And nothing happened. Or worse, your employer pushed back, ignored your request, or started treating you like a problem.
You have rights. California law requires most employers to work with you in good faith to find a reasonable accommodation. When they refuse, that refusal itself can be the basis for a legal claim.
Step 1: Put Your Request in Writing
Email is best because it creates a date-stamped record. In your message:
- Describe the limitations your medical condition creates (you do not need to share your full diagnosis)
- State the accommodations you are asking for
- Attach any work restrictions from your doctor
If you have already made a verbal request and gotten nowhere, send a follow-up email summarizing what you asked for and when.
You do not need to use legal terms like “reasonable accommodation” to trigger your employer’s duty. Under Prilliman v. United Air Lines (1997) 53 Cal.App.4th 935, a statement to a supervisor about your medical condition or work restrictions is enough.
Step 2: Document Everything
Save every email, text, written response, and piece of documentation related to your request. If a conversation happens in person or by phone, follow up with an email summarizing what was said.
Track dates carefully:
- When you first told your employer
- When you submitted documentation
- When the employer responded (or did not)
- Any adverse actions that followed, including write-ups, schedule changes, denied leave, discipline, or termination
Timing matters. If you are written up or terminated shortly after asking for accommodation, that timeline can support a retaliation claim.
Step 3: Know What Your Employer Is Required to Do
Once your employer knows about your disability and the need for accommodation, two duties kick in under California’s Fair Employment and Housing Act (FEHA):
Provide reasonable accommodation under Government Code section 12940(m), unless doing so would cause undue hardship.
Engage in the interactive process under Government Code section 12940(n) and 2 CCR section 11069, which means a timely, good-faith back-and-forth to identify what accommodation will work.
These are two separate obligations. Failing the interactive process is a violation on its own, even if no accommodation was ultimately possible.
Reasonable accommodations can include:
- Modified work schedules or reduced hours
- Job restructuring or reassignment of non-essential duties
- Ergonomic equipment or assistive technology
- Time off for medical treatment
- Remote work arrangements
- Reassignment to a vacant position when the current job cannot be modified
The accommodation does not have to be the exact one you requested. Your employer can offer an alternative, as long as it is effective in letting you perform the essential functions of your job.
Step 4: Recognize When the Employer Is Refusing
Refusing to accommodate is not always obvious. Some employers say no outright. Others use tactics that have the same effect:
- Ignoring your request or letting it sit for weeks without a response
- Demanding excessive medical documentation, including records unrelated to the accommodation
- Telling you the accommodation is not feasible without explaining why or considering alternatives
- Insisting you return to full duties before you are medically cleared
- Forcing you onto unpaid leave when accommodation could have kept you working
- Terminating you instead of engaging in the interactive process
Even partial cooperation can be a violation. If the employer engages in the process but causes a breakdown by refusing to consider reasonable options, courts may still find the employer liable.
Step 5: Respond Carefully to Documentation Requests
Your employer can ask for documentation that confirms a FEHA disability and explains the need for accommodation. They cannot demand your full medical records or unrelated medical history.
If your employer asks for more than the law allows, ask in writing what specific information they need and why. Overreach on medical documentation is itself a sign that the employer is not handling the process in good faith.
Step 6: File a Complaint If the Employer Refuses
If your employer refuses to accommodate, retaliates against you for asking, or fails to engage in the interactive process at all, you may have a legal claim. Possible claims include:
- Failure to provide reasonable accommodation under section 12940(m)
- Failure to engage in the interactive process under section 12940(n)
- Disability discrimination under section 12940(a)
- Retaliation for requesting accommodation under section 12940(m)(2)
Each is a separate cause of action under California law. You do not need to prove all of them to recover.
Before filing a lawsuit, you must file an administrative complaint with the California Civil Rights Department (CRD). Under Government Code section 12960, you have three years from the violation to file. You can request an immediate right-to-sue notice to proceed directly to court.
What You Can Recover
If you prevail on a disability accommodation claim, available remedies may include:
- Back pay and lost benefits
- Compensation for emotional distress
- Reinstatement, where appropriate
- Punitive damages where the employer acted with malice, oppression, or fraud
- Attorney’s fees and costs
Unlike federal law, FEHA does not impose statutory caps on compensatory or punitive damages, although punitive awards remain subject to constitutional due process limits.
Take the Next Step Today
You should not have to choose between your health and your job. If your employer refused to engage in the interactive process or denied a reasonable request without legitimate justification, your rights may have been violated.
At Malk Law Firm, we represent California employees who have been denied reasonable accommodations or pushed out of their jobs because of a disability or medical condition. Contact us today for a confidential consultation.