California is known for having some of the most robust worker protection laws in the United States. For business owners and HR managers, understanding employer obligations is not just a legal necessity — it is a critical component of maintaining a fair and functional workplace. The state is deeply committed to ensuring that individuals with physical or mental limitations have equal access to employment opportunities.

At Glaser Labor Law, we believe that clarity is the first step toward compliance. Whether you are a business owner trying to navigate the complex landscape of the Fair Employment and Housing Act (FEHA) or a worker unsure of your rights, understanding the law is essential.

Defining Disability Under California Law

Before diving into specific requirements, it is important to understand who is protected. California’s FEHA provides a much broader definition of disability than the federal Americans with Disabilities Act (ADA).

Under California law, a disability is defined as a physical or mental impairment that limits a major life activity. Unlike federal law, which requires a “substantial” limitation, California law only requires that the condition make the activity difficult to perform. This broader scope means that more employees with disabilities qualify for protection and accommodation in California than in other parts of the country.

Core Employer Obligations

In California, employers with five or more employees are legally required to adhere to strict guidelines regarding employee disability. Failure to meet these obligations can lead to significant legal consequences.

1. Reasonable Accommodation

One of the primary employer obligations is the duty to provide reasonable accommodation. This means an employer must offer modifications or adjustments to the job or work environment that allow an applicant or employee to perform the “essential functions” of the job. Examples of reasonable accommodations include:

  • Workplace Modifications: Installing ramps, altering workstations, or providing assistive software.
  • Schedule and Duty Changes: Offering flexible schedules, modifying work hours, or adjusting non-essential job tasks.
  • Leave: Granting unpaid leave for medical treatment or recovery.
  • Reassignment: Transferring the employee to a vacant position if the current role cannot be accommodated.

2. The Interactive Process

An employer cannot simply guess what an employee needs, nor can they outright refuse a request without investigation. Employers must engage in a “good-faith interactive process.” This is a collaborative dialogue between the employer and the employee to identify effective accommodations.

This obligation is triggered when an employee informs the employer of a disability or when the employer reasonably suspects one exists. It requires open communication to determine if a solution exists that allows the employee to continue working.

3. Non-Discrimination

It is illegal to discriminate against employees with disabilities. Employers cannot take adverse actions — such as firing, demoting, refusing to hire, or reducing pay — based on a person’s disability or their accommodation request. Retaliation against an employee for asserting their rights under the FEHA is also strictly prohibited.

4. Confidentiality

While employers have a right to know about work restrictions, they must maintain strict confidentiality regarding an employee’s medical information. Medical records must be kept separate from standard personnel files and should only be shared with supervisors or managers who need to know about necessary work restrictions or accommodations.

What Constitutes Undue Hardship?

The law acknowledges that not every accommodation is feasible. Employers are not required to provide an accommodation if it causes “undue hardship.”

Undue hardship is defined as an action requiring significant difficulty or expense. This is not a blanket excuse; it is determined by looking at the size of the business, its financial resources, and the nature of its operations. For example, a large corporation may be expected to absorb costs that a small local business could not.

Remedies for Discrimination

When employer obligations are ignored, the consequences can be severe. Employees who have faced disability discrimination or a failure to accommodate may be entitled to legal remedies. These can include:

  • Recovery of lost wages and benefits.
  • Damages for emotional distress.
  • Reinstatement to their job.
  • Punitive damages (in cases of malice or oppression).
  • Payment of attorney’s fees and court costs.

Legal Help for Workplace Discrimination

Understanding employer obligations regarding employee disability is vital for fostering an inclusive workforce and avoiding costly litigation. By engaging in the interactive process and providing reasonable accommodations, employers can ensure they are complying with California’s rigorous standards.

No one should be forced to choose between their health and their livelihood. If you have been denied reasonable accommodation, fired due to a medical condition, or faced retaliation for asserting your rights, you have legal avenues available.

Contact Glaser Labor Law today. We are dedicated to fighting for the rights of employees with disabilities. Let us review your case and help you secure the justice you deserve.

Glaser Labor Law
Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.