Disability accommodation in California

What California law protects

FEHA, the Fair Employment and Housing Act, is California's main anti-discrimination law. It protects employees and job applicants with qualifying physical or mental disabilities. California requires a condition to limit a major life activity, not substantially limit it as federal law requires. Government Code section 12940(h) prohibits retaliation.

The interactive process is a discussion between you and your employer to find an effective accommodation. Explain the connection between your disability-related need and the requested change. Both sides must participate in good faith without delaying the process. Essential functions are the main tasks the job exists to perform.

• Government Code section 12940(m) requires reasonable accommodation for known physical or mental disabilities unless it creates undue hardship. Section 12940(n) requires a timely, good-faith interactive process. Source: CRD employment protections
• FEHA's discrimination rules cover employers that regularly employ 5 or more people. Harassment rules cover employers with 1 or more employees. Retaliation for opposing discrimination or harassment, or for taking part in a complaint, is also prohibited. Source: Official guidance
• You do not need special words or a written request. A request for a workplace change that helps you perform essential functions because of a disability can start the process. Source: CRD disability accommodations

What it can look like

These are situations to review, not automatic findings of a violation. An effective solution depends on the work, your limitations, and the employer's resources.

• You explain that a back injury limits lifting and ask to discuss changes to your tasks. Your supervisor refuses to discuss any options and tells you to quit.
• You need a schedule change for a disability-related need. Human resources rejects the request because it was spoken rather than submitted on a company form.
• You ask for an adjustable desk because an obvious mobility disability makes the current workspace unusable. Your employer demands your full medical records before discussing it.
• You request a quieter workspace to help you concentrate because of a mental disability. Your manager ignores the request and then criticizes the work problems you asked for help addressing.
• You explain how working from home could meet your disability-related needs. The employer rejects it without discussing the duties, possible alternatives, or why it would not work.
• You request disability-related leave that could help you return to your work. Your supervisor announces that leave can never be an accommodation and ends the conversation.

What usually is not covered

A reasonable accommodation must address your disability-related need. It is not a promise that every requested change will be granted.

• You are not always entitled to your preferred option. The employer must consider your preference but may choose a different effective accommodation when several options would work.
• An employer does not have to remove an essential function of your job. Restructuring some tasks may be possible, but the main duties still matter.
• An employer may deny an accommodation that creates undue hardship, meaning significant difficulty or expense. Its resources, size, operations, and the cost matter. It must continue discussing other possibilities.
• A change requested only for convenience, without a disability-related need, is not automatically required under disability accommodation rules. Unfairness or rudeness alone also does not establish a FEHA violation.

Related protections

A denial of help and worse treatment because of disability can raise different issues. Leave laws may also apply to time away from work. Asking for an accommodation may be protected even if the request is denied.

• Disability discriminationDecisions based on disability or a protected medical condition.
• Medical leave (CFRA)Separate eligibility rules for protected leave.
• RetaliationNegative treatment after an accommodation request.

What to keep a record of

A written follow-up can help document a spoken request. Describe the work barrier, what change you requested, and how it would help. Keep your own notes about discussions, including options offered by either side and questions still unanswered.

Do not take confidential company documents that you are not allowed to keep.

• Keep dates and names for requests, meetings, and follow-ups. Write down what was said, who attended, and when the employer responded.
• Save texts and emails you received, copies of requests you sent, medical restriction notes you submitted, and responses about proposed changes.
• Keep job descriptions, reviews, schedules, pay stubs, and discipline notices you may lawfully keep. These can help explain your duties and changes in treatment.
• Keep complaints you made about delays, denials, or retaliation and the responses. Note whether a proposed accommodation was put into practice and whether it addressed the work barrier.

Where to file and deadlines

The California Civil Rights Department (CRD) handles complaints about disability accommodation and the interactive process under FEHA. Explain what you requested, why it related to your disability, and how the employer responded. You can ask CRD for disability-related assistance with its complaint process. Government Code section 12960 addresses the CRD filing deadline.

You can seek an immediate Right-to-Sue notice to pursue a private lawsuit instead of a CRD investigation. This notice is permission to bring a court action, not a finding that your employer violated the law. Talk to an employment lawyer about that choice.

Deadlines can depend on your facts, so talk to a lawyer soon.

• For employment complaints, you must submit an intake form to CRD within 3 years of the unlawful act. In limited cases this can be extended, for example up to 90 days when you discovered the facts later, or up to 1 year after you turn 18 if you were a minor. Source: Official guidance
• After you receive a right-to-sue notice, you generally have 1 year from the date of the notice to file a lawsuit. That period can be paused in some situations, such as during CRD dispute resolution. Source: Official guidance
• If you also want to keep federal rights, the EEOC deadline for California workers is generally 300 days from the discrimination. For California workers, the deadline to file an EEOC charge is generally 300 calendar days, including for age claims, because California has its own law on the same bases. Filing a charge with either the EEOC or CRD generally counts as filing with the other agency. Source: Official guidance

• Where to file in California

Common questions

Sources

• CRD employment protections
• CRD disability accommodations
• CRD disability discrimination fact sheet
• CRD complaint process
• Official guidance
• Official guidance
• Official guidance
• Official guidance
• Official guidance
• Official guidance

Last reviewed October 28, 2026

This website provides general information about California law and is not legal advice. Information here may not apply to your situation.