Can an Employer Ask for Proof of a Disability in California?

Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.

When an employee asks for a reasonable accommodation, a California employer may, in some cases, ask for documentation from a health care provider confirming that the employee has a disability and needs the accommodation. What the employer may not do is require the employee to disclose a diagnosis, demand medical records unrelated to the accommodation, or ask about the underlying cause of the condition.

These limits come from California’s Fair Employment and Housing Act (FEHA) and its regulations, which protect employees more broadly than the federal Americans with Disabilities Act. FEHA applies to employers with five or more employees.

When an employer may ask for documentation

An employer may ask for medical documentation only where the disability, or the need for the accommodation, is not obvious (Cal. Code Regs., tit. 2, § 11069(d)(5)). An employee who uses a wheelchair and asks for an accessible workstation, for example, does not need to provide a doctor’s note.

Where documentation is appropriate, it can be limited to:

• The name and credentials of the health care provider.
• A statement that the employee has a condition that limits a major life activity, or a medical condition.
• An explanation of why the employee needs the accommodation, which may describe the employee’s functional limitations, such as restrictions on lifting, standing or working certain hours.

If the employer believes the documentation is not sufficient, it must explain why and give the employee a chance to provide more. Only then may it require an examination by a health care provider of its choosing, and that examination must be job-related, limited to the limitations at issue, and paid for by the employer (Cal. Code Regs., tit. 2, § 11069(d)(5)(C), (d)(7)–(8)).

What an employer may not ask

You do not have to disclose your diagnosis to your employer. During the accommodation process, an employer may not:

• Require you to disclose your diagnosis or the nature of your disability.
• Ask for medical records or other documentation unrelated to the accommodation you requested.
• Ask about the underlying medical cause of your disability once you have provided reasonable documentation.

Other limits apply outside the accommodation process. Before making a job offer, an employer may not ask an applicant whether they have a disability or require a medical examination, although it may ask whether the applicant can perform the job’s functions (Gov. Code § 12940(e)). For current employees, medical examinations and inquiries must be job-related and consistent with business necessity (Gov. Code § 12940(f)).

These are the most common limits, and the list is not exhaustive.

Confidentiality

Medical information an employer receives during the accommodation process must be kept confidential and stored separately from the employee’s personnel file. Supervisors may be told about work restrictions and the accommodations needed, but not about the employee’s medical condition (Cal. Code Regs., tit. 2, § 11069(g)). California’s Confidentiality of Medical Information Act also limits how an employer may use and disclose an employee’s medical information (Civ. Code § 56.20).

The interactive process and accommodations

Once an employer knows that an employee needs an accommodation, it must engage in a timely, good faith interactive process with the employee and provide a reasonable accommodation unless doing so would cause undue hardship (Gov. Code § 12940(m), (n)). The request does not have to be in writing or use any particular words. Accommodations can include a modified schedule, remote work, time off or a leave of absence, modified duties, equipment or changes to the workspace, and reassignment to a vacant position. These are examples, and the right accommodation depends on the job and the employee’s limitations.

If you request an accommodation, keep track of the dates of your requests and your employer’s responses, and save any emails or forms you send or receive.

Retaliation for requesting an accommodation

It is unlawful for an employer to retaliate against an employee for requesting an accommodation, whether or not the request was granted (Gov. Code § 12940(m)(2)). Being disciplined, demoted or fired shortly after asking for an accommodation is a common sign of retaliation. If you were fired after requesting an accommodation or taking medical leave, read our article on being fired on medical leave in California. You can read more on our Los Angeles disability discrimination page and our Long Beach disability discrimination page.

Frequently asked questions

Do I have to tell my employer my diagnosis to get an accommodation?

No. Your employer may ask for documentation from your health care provider confirming that you have a disability and explaining why you need the accommodation, but it may not require you to disclose your diagnosis.

Can my employer require a doctor’s note for every accommodation request?

No. An employer may ask for documentation only where the disability or the need for the accommodation is not obvious, and it may not ask for unrelated records.

Can my employer ask what my disability is?

Not as part of the accommodation process. Your employer may ask your health care provider to confirm that you have a disability and to explain your limitations and why you need the accommodation, but it may not require you to identify the condition or its cause.

Can my employer contact my doctor directly?

Not without your written authorization. California’s Confidentiality of Medical Information Act generally prohibits your health care provider from releasing your medical information to your employer without your authorization, and it limits how your employer may use or share any medical information it receives (Civ. Code §§ 56.10, 56.20). If you do sign an authorization, you can limit it to the information the accommodation requires.

Does my employer have to accept my doctor’s note?

If the note confirms that you have a disability and explains why you need the accommodation, it is generally enough. If your employer believes it is not sufficient, it must tell you why and give you a chance to provide more information. Only then may it require an examination by a provider of its choosing, at its own expense.

Can my employer make me take a fitness-for-duty exam?

Only in limited circumstances. A medical examination of a current employee must be job-related and consistent with business necessity, for example where there is objective evidence that a medical condition is affecting the employee’s ability to do the job safely (Gov. Code § 12940(f)). An exam may not be used to learn about conditions unrelated to the job, and the results must be kept confidential.

Talk to a disability discrimination lawyer

Rise Law Firm represents employees throughout California in wrongful termination, discrimination, harassment and retaliation cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.

If you were fired or penalized after requesting an accommodation, contact us to request a free, confidential consultation, or call (310) 728-6588.

This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship.