Los Angeles Reasonable Accommodation Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.
California law requires employers to make reasonable accommodations for employees with physical or mental disabilities and medical conditions, so that they can continue to do their jobs. Employers must also engage in a timely, good-faith “interactive process” with the employee to identify an accommodation that works. When an employer refuses a reasonable request, ignores it, drags its feet, or insists that the employee return at “full duty” or not at all, it may be violating the Fair Employment and Housing Act (FEHA).
Failing to accommodate and failing to engage in the interactive process are each separate violations of FEHA (Gov. Code § 12940(m), (n)). These violations often come before a termination. An employee asks for help, the employer refuses or stalls, and the employee is then disciplined, pushed out on unpaid leave or fired for problems the accommodation would have solved. If that happened to you, you may have claims for failure to accommodate, failure to engage in the interactive process, disability discrimination and retaliation.
The attorneys at Rise Law Firm represent employees in Los Angeles and throughout California in disability accommodation, discrimination and retaliation cases. We have secured millions of dollars for our clients, and we handle these cases with no fees or costs unless we recover compensation for you.
What Counts as a Disability Under California Law
FEHA defines disability more broadly than the federal Americans with Disabilities Act. Under California law, a physical or mental condition is a disability if it limits a major life activity, meaning it makes the activity more difficult. The federal standard of a substantial limitation does not apply (Gov. Code §§ 12926, 12926.1). Working is itself a major life activity, even if the condition affects only one particular job, and whether a condition is limiting is judged without regard to medication or other measures that reduce its effects (Gov. Code § 12926.1(c)).
Conditions that commonly qualify include:
- Chronic or episodic conditions such as diabetes, epilepsy, heart disease, multiple sclerosis, HIV, autoimmune disorders, chronic pain and migraines
- Mental health conditions such as clinical depression, anxiety, post-traumatic stress disorder and bipolar disorder
- Cancer and its treatment, including a history of cancer, which FEHA protects as a “medical condition”
- Back, neck and joint injuries, and recovery from surgery
- Hearing, vision and mobility impairments
These examples are not exhaustive. Mild conditions with little or no lasting effect, such as a common cold or seasonal flu, generally do not qualify. Whether a particular condition qualifies depends on how it affects you, not only on its name.
Your Employer’s Duty to Make Reasonable Accommodations
A reasonable accommodation is a change to the job, the workplace or the way things are usually done that allows an employee with a disability to perform the essential functions of the position. The duty applies once the employer knows of the disability, whether the employee asked for an accommodation or the employer learned of the need in some other way. You do not need to use the words “reasonable accommodation”; it is enough to let your employer know that you need a change at work because of a medical condition.
| Situation | Possible reasonable accommodations |
|---|---|
| Ongoing medical treatment or therapy | A modified schedule, intermittent time off for appointments, or the ability to make up time on flexible hours if the employee prefers |
| Recovery from surgery or a flare-up of a condition | A leave of absence, including leave beyond what CFRA provides, or a gradual return to work |
| Physical restrictions | Lifting limits, modified equipment, an ergonomic workstation, or reassigning non-essential tasks |
| Mental health conditions | A quieter workspace, adjusted supervision or communication methods, modified deadlines, or remote work |
| Inability to perform the current job | Reassignment to a vacant position the employee is qualified for |
These examples are not exhaustive. The right accommodation depends on the employee’s condition and the job. An employer does not have to provide the exact accommodation the employee requests if another one would be effective, but it must provide an accommodation that actually works.
An employer also may not impose a “100 percent healed” or “fully healed” policy before allowing an employee to return to work. It must instead assess, individually, whether the employee can perform the essential functions of the job with or without an accommodation (Cal. Code Regs., tit. 2, § 11068(i)).
Leave as an accommodation. Holding a job open, or extending a leave beyond what CFRA or the FMLA provides, can be a reasonable accommodation when the leave is likely to allow the employee to return to work. An employer is not required to provide indefinite leave, but it also cannot force an employee onto leave if the employee could keep working with a different accommodation (§ 11068(c)).
Reassignment. If an employee can no longer perform the essential functions of the job even with an accommodation, the employer must consider reassigning the employee to a vacant position for which the employee is qualified. The employee is entitled to preferential consideration for that position over other applicants and employees. The employer does not have to create a new position, and if no comparable position is open, it may offer a vacant lower-paid one (§ 11068(d)).
The Interactive Process
The interactive process is the ongoing, good-faith conversation between the employer and the employee about what the employee needs and what the employer can provide. Under the California regulations, the employer must begin this process when (Cal. Code Regs., tit. 2, § 11069(b)):
- The employee asks for an accommodation
- The employer becomes aware of the need for an accommodation in some other way, such as through a third party or by observing the employee’s difficulties, even if the employee has not asked
- The employee has used up CFRA, FMLA, workers’ compensation or other leave, and the employee or the employee’s doctor indicates that further accommodation is still needed
During the process, the employer must consider the employee’s request and either grant it or reject it after due consideration, discuss alternatives, identify possible accommodations together with the employee and assess whether they would be effective. The employer must consider the employee’s preference, although it may choose another accommodation that is effective. The process must be timely. Sometimes a single conversation is enough, but the obligation is ongoing: if an accommodation is not working, or the employee’s needs change, the employer should revisit it.
Employers commonly fail the interactive process by:
- Ignoring a request, or taking weeks or months to respond
- Rejecting a request without discussing alternatives
- Demanding unnecessary medical records, or questioning the employee about the medical cause of the disability
- Telling the employee to come back when they can work without restrictions
- Granting an accommodation in name only and then criticizing the employee for using it
- Treating the employee’s exhaustion of leave as the end of the employer’s obligations
These examples are not exhaustive. The employee must cooperate in good faith as well, for example by providing reasonable medical documentation when the employer is entitled to it.
Medical Documentation, Undue Hardship and Retaliation
Medical documentation. When a disability or the need for an accommodation is not obvious, an employer may ask for reasonable medical documentation. That documentation generally needs to show only that you have a condition that limits a major life activity and why an accommodation is needed. You do not have to disclose your diagnosis, and once your employer has reasonable documentation it may not question you about the underlying medical cause of your disability or ask for unrelated medical records, such as your complete medical file. If your employer believes the documentation is insufficient, it must explain why and give you a reasonable opportunity to supplement it.
Undue hardship. An employer can refuse a reasonable accommodation only if it would impose an undue hardship, meaning significant difficulty or expense in light of the employer’s size, resources and operations, or if no reasonable accommodation would allow the employee to perform the essential functions of the job. Undue hardship is a defense that the employer must establish, and it is judged on the totality of the circumstances, including the cost of the accommodation and the employer’s overall resources (Cal. Code Regs., tit. 2, §§ 11065(r), 11068(a)). Ordinary inconvenience is not enough.
Retaliation. It is unlawful to retaliate against an employee for requesting an accommodation, whether or not the request is granted (Gov. Code § 12940(m)(2)). Discipline, poor reviews, reduced hours or termination after an accommodation request may be retaliation. Our retaliation page explains these claims in more detail, and our disability discrimination page addresses employees who were fired or treated differently because of a disability.
If You Were Fired After Asking for an Accommodation
Rise Law Firm focuses on employees who were fired, demoted or lost pay after requesting an accommodation or disclosing a medical condition. If that describes your situation:
- Save the documents you already have, such as emails or messages about your condition, your accommodation requests and your employer’s responses, medical notes you provided, performance reviews and your termination notice.
- Keep track of the timeline. Note when you told your employer about your condition, when you asked for help, how your employer responded and when the discipline or termination occurred. A short gap between a request and a termination can be important evidence.
- Act quickly. Deadlines apply, and evidence is easier to gather while it is fresh.
- Contact us to request a free, confidential consultation. We handle these cases with no fees or costs unless we recover compensation for you.
If you are still employed and working through the interactive process, the most useful steps are to make your requests in writing, provide reasonable medical documentation when asked (without disclosing your diagnosis), respond to your employer’s proposals, and keep a record of each conversation.
If you need time off for your condition, you may also be entitled to job-protected leave. Our guide to CFRA leave in California explains those rights.
Deadlines and compensation
Failure to accommodate and failure to engage in the interactive process are FEHA claims. An employee generally has three years to file a complaint with the California Civil Rights Department, and then one year after receiving a right-to-sue notice to file a lawsuit. If you were fired, our article on California wrongful termination deadlines explains these and other deadlines that may apply.
An employee who prevails may be entitled to compensation for lost wages and benefits, emotional distress, punitive damages in appropriate cases (public entities are not liable for punitive damages), and attorney’s fees and costs. If you were wrongfully fired after requesting an accommodation, our article on being fired while on medical leave in California may also be helpful.
Frequently Asked Questions
Does my employer have to give me the exact accommodation I ask for?
No. Your employer must consider your request and your preference, but it may choose a different accommodation as long as that accommodation is effective. It may not simply refuse without exploring alternatives with you.
Can my employer require me to be 100% healed before I return to work?
Generally, no. A blanket “full duty” or “100% healed” requirement skips the individual assessment FEHA requires. Your employer must consider whether you can perform the essential functions of your job with a reasonable accommodation.
Do I have to tell my employer my diagnosis?
No. If your disability or need for an accommodation is not obvious, your employer may ask for reasonable medical documentation, but that documentation does not have to disclose your diagnosis.
Is working from home a reasonable accommodation?
It can be. Whether remote work is a reasonable accommodation depends on the essential functions of your job and whether they can be performed remotely. An employer that allowed remote work in the past, or allows it for other employees, will often have difficulty showing that it would be an undue hardship.
Do I have a failure to accommodate case?
You may have a case. If your employer knew about your medical condition and you were fired, demoted or lost pay after asking for an accommodation, or after your employer refused or ignored your request, you may have claims for failure to accommodate, failure to engage in the interactive process, disability discrimination and retaliation. The best way to find out is to contact us to request a free, confidential consultation.
How long do I have to bring a claim?
An employee generally has three years from the violation to file a complaint with the California Civil Rights Department, and then one year after receiving a right-to-sue notice to file a lawsuit. Because other deadlines may apply, it is best to speak with an attorney as soon as possible.
Speak With a Los Angeles Reasonable Accommodation Lawyer
If you were fired, demoted or lost pay after asking your employer to accommodate a disability or medical condition, Rise Law Firm can help. Our attorneys have secured millions of dollars for employees in disability accommodation, discrimination and retaliation cases, and we represent employees with no fees or costs unless we recover compensation for you. Please contact us to request a free, confidential consultation.