Reasonable Accommodation for Disability Discrimination in California
Introduction
California’s Fair Employment and Housing Act (“FEHA”) requires employers to provide reasonable accommodations for employees and job applicants with disabilities. The law ensures equal opportunity, supports the essential duties of disabled workers, and gives access to the same benefits and privileges of employment as others. Cal. Gov’t Code §§ 12940(m), 12926(p).
What Is a Reasonable Accommodation?
A reasonable accommodation is a practical change made by an employer to support a qualified individual with a disability. These accommodations can help applicants through the hiring process, empower employees to perform essential job duties, or ensure disabled employees enjoy workplace benefits just like their coworkers. Substantial limitation is not required—accommodation is assessed on the practicality and effectiveness for each employee.
Reasonable accommodations include:
Making the workplace accessible and usable for people with disabilities;
Changing work schedules or job responsibilities;
Reassigning a disabled employee to an available vacant position;
Modifying or providing equipment and devices;
Adjusting tests, training materials, or workplace procedures;
Supplying qualified interpreters or readers;
Providing any similar adaptation necessary for an individual’s disability.
Cal. Code Regs., tit. 2, § 11068(a); Bagatti v. Dep’t of Rehabilitation, 97 Cal.App.4th 344, 362 (2002).
Employer’s Role and Good Faith Selection
Employers have an affirmative duty to seek out and offer reasonable accommodations when they are aware of an employee’s need. If several accommodations are available, the employer meets its legal obligation by selecting one that is reasonable and acting in good faith. Prilliman v. United Air Lines, Inc., 53 Cal.App.4th 935, 950–51 (1997).
If no accommodation can enable the employee to perform the essential job functions, or if providing it would create undue hardship, the employer’s obligation may end. Spitzer v. Good Guys, Inc., 80 Cal.App.4th 1376, 1389 (2000).
Practical Guidance for California Employers
Employers should:
Invite open conversations with employees about potential accommodations;
Review possible adjustments as soon as a need is stated or apparent;
Evaluate each request on a case-by-case basis, documenting the interactive process;
Be prepared to offer or consider reasonable alternatives when more than one solution exists;
Make workplace accessibility and equal treatment a consistent priority.
Employers who follow these steps support fair treatment and comply with California discrimination law.
Citations
Cal. Gov’t Code §§ 12940(m), 12926(p); Cal. Code Regs., tit. 2, § 11068(a); Bagatti v. Dep’t of Rehabilitation, 97 Cal.App.4th 344, 362 (2002); Prilliman v. United Air Lines, Inc., 53 Cal.App.4th 935, 950–51 (1997); Spitzer v. Good Guys, Inc., 80 Cal.App.4th 1376, 1389 (2000).
