Short answer: when a California employee with a disability, a pregnancy-related condition or a work injury needs a change at work, the employer must engage in a timely, good-faith “interactive process” with the employee to identify a reasonable accommodation. That duty comes from the Fair Employment and Housing Act (Government Code section 12940(n)) and applies to employers with five or more employees. An employer that ignores the request, delays, refuses to talk, or fires the employee instead of accommodating violates the law, and the failure to engage in the process is itself a claim, separate from the failure to accommodate. Abdi & Associates, Inc. helps individuals with interactive process and accommodation claims throughout California. The consultation is free.
What the interactive process is
The interactive process is a conversation, not a form. Once the employer knows that an employee has a disability or medical condition that is affecting work, whether from the employee, a doctor’s note, a workers’ compensation report or simple observation, it must communicate with the employee in good faith to explore what accommodations would allow the employee to perform the essential functions of the job. The employer may ask for medical documentation of the limitations, but not for the diagnosis or the full medical record. Both sides must participate; an employee who refuses to provide reasonable information or to consider alternatives can lose the claim.
Who is entitled to it
- employees with a physical or mental disability as defined by FEHA, which covers any condition that limits a major life activity, a broader definition than the federal ADA;
- employees with a medical condition, including cancer and genetic characteristics;
- pregnant employees who need accommodation for pregnancy, childbirth or a related condition (Government Code section 12945);
- injured workers returning from a workers’ compensation injury with restrictions, who are also protected by Labor Code section 132a;
- applicants during hiring.
What a reasonable accommodation can be
- modified schedules, reduced hours or remote work;
- a finite leave of absence beyond what CFRA or FMLA provides;
- modified duties, lifting limits or reassignment of marginal tasks;
- ergonomic equipment, assistive technology, a stool, a different workstation;
- reassignment to a vacant position the employee is qualified for;
- changes to policies, such as breaks for medication or a modified attendance policy;
- a service animal, an interpreter, or accessible facilities.
The employer does not have to provide the exact accommodation the employee prefers if another one is effective, does not have to eliminate essential functions of the job, and does not have to create a new position. It may refuse an accommodation only if it would cause undue hardship, meaning significant difficulty or expense in light of the employer’s size and resources, which is a high standard.
How employers violate the duty
- ignoring a request or a doctor’s note, or waiting months to respond;
- demanding a full-duty release and refusing to consider restrictions (“100 percent healed” policies are unlawful);
- refusing to consider leave as an accommodation after protected leave runs out;
- terminating the employee while the process is pending, or immediately after a request;
- failing to consider reassignment to open positions;
- treating an injured worker’s restrictions as grounds for termination rather than accommodation;
- retaliating against the employee for asking.
What you can recover
Failure to engage in the interactive process, failure to accommodate, disability discrimination and retaliation are each separate FEHA claims. Remedies include back pay and front pay, emotional distress damages, punitive damages in egregious cases, reinstatement, and attorney fees and costs. Where the disability came from a work injury, the workers’ compensation claim continues alongside, and an employer that refuses to bring the worker back can also face a Labor Code section 132a petition before the Workers’ Compensation Appeals Board.
Deadlines
- A complaint with the California Civil Rights Department within three years of the violation (Government Code section 12960), then a lawsuit within one year of the right-to-sue notice (section 12965).
- An EEOC charge under the ADA within 300 days, if federal claims are pursued (employers with 15 or more employees).
- A Labor Code section 132a petition within one year for retaliation after a work injury.
How to protect yourself
- Request accommodation in writing, describe the limitation and what would help, and attach a doctor’s note stating restrictions.
- Respond promptly to reasonable requests for information and propose alternatives if the first idea is refused.
- Keep copies of every email, note and form, and a log of conversations with dates.
- Do not resign. If the employer says there is no accommodation, ask in writing what positions were considered.
- Talk to a lawyer before signing any separation or release.
How Abdi & Associates can help
Abdi & Associates, Inc. helps individuals with interactive process, accommodation and disability discrimination claims throughout California. We evaluate whether the employer met its obligations, preserve the deadlines and agency filings, and, where a case calls for it, work with experienced employment trial counsel we trust while staying involved in your case. Because so many accommodation disputes begin with a work injury, we handle the workers’ compensation claim and any section 132a petition in-house and coordinate the two. We work remotely, by phone, video and secure electronic signature. The consultation is free. Call (888) 772-2529.
Frequently asked questions
Do I have to use the words “reasonable accommodation”?
No. Telling the employer that a medical condition is affecting your work, or giving it a doctor’s note with restrictions, is enough to trigger the duty.
Can my employer require me to be fully healed before I return?
No. A requirement that employees be “100 percent” before returning is a refusal to accommodate and is unlawful under FEHA.
How long can the interactive process take?
It must be timely. Unreasonable delay is itself a violation, and an employer cannot use delay to run out the clock on an employee.
Is this the same as the ADA?
The ADA imposes a similar duty on employers with 15 or more employees, but FEHA is broader, applies to employers with five or more employees, has a wider definition of disability, and provides uncapped damages.
See also disability discrimination, leave of absence rights and retaliation after a workers’ compensation claim.
Sources: Cal. Gov. Code §§ 12926, 12940(a), (h), (m), (n), 12945, 12960, 12965; Cal. Code Regs., tit. 2, §§ 11064-11069; Cal. Lab. Code § 132a; 42 U.S.C. §§ 12111-12112 (ADA).
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.