When Disability Becomes Discrimination: Reasonable Accommodation Obligations in California Workplaces

Employees dealing with medical conditions often face a difficult balance between maintaining their health and meeting workplace expectations. California and federal law recognize this challenge and require employers to make reasonable adjustments so qualified employees can continue working. When employers fail to meet these obligations or mischaracterize a disability-related issue as a performance problem, what begins as a workplace issue can quickly become unlawful disability discrimination.

At the center of these protections are two key laws: the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). While both laws require reasonable accommodations and prohibit discrimination, FEHA is generally broader and more protective of employees. If you are a Bay Area employer or employee with a question regarding disability discrimination at your workplace, contact Richard Koss, Attorney at Law, for guidance and assistance from an experienced San Francisco employment lawyer.

Understanding Disability Under FEHA and the ADA

The ADA applies to employers with 15 or more employees and prohibits discrimination against qualified individuals with disabilities. FEHA, in contrast, applies to employers with five or more employees and defines disability more expansively. Under FEHA, a disability includes any physical or mental condition that limits a major life activity. Importantly, the term “limits” is interpreted broadly and does not require a severe restriction. Conditions such as anxiety, depression, chronic pain, autoimmune disorders, and even temporary impairments can qualify. The ADA also protects employees with disabilities but uses a slightly narrower framework, requiring that the condition “substantially limit” a major life activity. In practice, many conditions will qualify under both laws, but FEHA often provides the stronger claim in California.

Both laws also protect employees who are perceived as disabled or who have a history of a disability, even if they are not currently experiencing symptoms.

What Is a Reasonable Accommodation?

A reasonable accommodation is a modification or adjustment that enables an employee with a disability to perform the essential functions of their job. Employers are required to provide such accommodations unless doing so would create an undue hardship, meaning significant difficulty or expense relative to the employer’s size and resources.

Common examples of reasonable accommodations include:

• Modified work schedules or reduced hours
• Remote or hybrid work arrangements
• Leave of absence for treatment or recovery
• Ergonomic equipment or assistive devices
• Job restructuring or reassignment of marginal duties
• Additional breaks or flexibility for medical needs

There is no one-size-fits-all solution. The appropriate accommodation depends on the employee’s specific limitations and the nature of the job.

The Interactive Process: A Shared Responsibility

One of the most important—and frequently litigated—requirements under both FEHA and the ADA is the obligation to engage in a timely, good-faith interactive process. This is a collaborative dialogue between employer and employee to identify effective accommodations. The process typically begins when an employee requests an accommodation or the employer becomes aware of the need for accommodation (even without a formal request). Employers cannot ignore accommodation requests or delay responding. Likewise, employees are expected to participate in good faith, provide relevant medical information when requested, and consider reasonable alternatives.

Failures in the interactive process can form the basis of an independent legal claim under FEHA. Even if a reasonable accommodation ultimately is not available, an employer can still be liable for failing to engage in the process properly.

Disability Discrimination vs. Performance Issues

A common source of conflict arises when employers treat disability-related limitations as performance problems. While employers are not required to excuse poor performance or eliminate essential job functions, they must distinguish between true performance deficiencies and issues caused by a disability.

For example:

• An employee struggling to meet deadlines due to a medical condition may need a modified schedule or workload adjustment, not discipline.
• An employee with a mobility impairment who cannot perform certain physical tasks may require reassignment or equipment rather than termination.
• An employee experiencing mental health challenges may need leave or flexibility, not negative performance reviews based on symptoms.

If an employer disciplines or terminates an employee without first considering whether a disability is contributing to the issue and whether accommodation is possible, that decision may be viewed as discriminatory. On the other hand, employers are not obligated to retain employees who cannot perform the essential functions of the job, even with reasonable accommodation. The key legal question is whether the employee could have performed those essential duties with appropriate support.

Leave as an Accommodation

Both FEHA and the ADA recognize that a leave of absence can be a reasonable accommodation. This is particularly important in California, where leave rights often overlap with other laws such as CFRA and the Family and Medical Leave Act (FMLA). Even when statutory leave has been exhausted, additional unpaid leave may still be required as a reasonable accommodation if it would allow the employee to return to work and perform their job. Employers who automatically terminate employees at the end of a leave period without evaluating additional accommodations risk violating FEHA. However, the leave must be “finite.” In other words, it must have an end date to be considered a reasonable accommodation.

Employer Obligations and Best Practices

Employers in California must take proactive steps to comply with disability accommodation laws. This includes training managers to recognize accommodation requests, documenting the interactive process, and evaluating each situation individually rather than relying on rigid policies.

Best practices include:

• Responding promptly to accommodation requests
• Engaging in a documented, good-faith interactive process
• Avoiding assumptions about an employee’s abilities or limitations
• Maintaining the confidentiality of medical information
• Ensuring that performance evaluations account for accommodations provided

Employers should also be cautious about “100% healed” return-to-work policies, which can violate FEHA by failing to consider reasonable accommodations.

Employee Rights and Legal Remedies

Employees who believe their employer failed to provide reasonable accommodation, refused to engage in the interactive process, or took adverse action because of a disability may have legal claims under FEHA and the ADA. Potential remedies include back pay, reinstatement, damages for emotional distress, and, in some cases, punitive damages. Employees typically must file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Because these claims often involve complex medical and workplace issues, early legal guidance can be critical. It is prudent to contact an employment attorney before filing with the CRD or EEOC, if possible.

Contact San Francisco Employment Law Attorney Richard Koss

Disability discrimination in the workplace is not always obvious. It often arises when employers fail to recognize the connection between an employee’s medical condition and their job performance, or when they neglect their duty to engage in the interactive process and provide reasonable accommodations.

California law, particularly FEHA, places a strong emphasis on flexibility, communication, and individualized assessment. Employers who approach accommodation requests thoughtfully and proactively can avoid liability while supporting a more inclusive workplace. Employees, in turn, should understand that they have the right to request accommodations and to be evaluated based on their ability to perform their job with reasonable support.

If you have questions about disability accommodations, workplace rights, or employer obligations in the San Francisco Bay Area, contact Richard Koss, Attorney at Law, to discuss these issues and protect your interests under California employment law.