Under California law, the right to reasonable accommodation is a pivotal component of state and federal employment and civil rights legislation. Non-compliance on the part of property owners or employers to provide reasonable accommodation to individuals with disabilities can expose them to liability for discrimination, damages, and other relief.
It is crucial that employers and employees understand what does and does not qualify as reasonable accommodation, when and under what situations accommodations must be made, and the legal consequences of failure to do so. This article is workplace-specific regarding reasonable accommodation but touches upon public accommodations in residences and businesses.
What Is Reasonable Accommodation?
Reasonable accommodation refers to modifications or adjustments that allow individuals with disabilities to perform essential job functions or access public or private services and facilities. These accommodations are meant to level the playing field and ensure equal opportunity.
Examples in employment settings include:
- Adjusting work schedules
- Providing assistive devices
- Reassigning non-essential tasks
- Modifying workspaces
- Offering remote work options
- Providing interpreters or readers
In non-employment contexts (e.g., housing or public spaces), reasonable accommodations may include ramps, accessible restrooms, or modified rules (such as allowing service animals in a “no pets” building).
Legal Framework
Take a look at the legal framework of Reasonable Accommodation:
Americans with Disabilities Act (ADA)
At the federal level, the ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause an undue hardship.
California Fair Employment and Housing Act (FEHA)
California’s FEHA offers even broader protections than the ADA. It applies to employers with five or more employees and requires them to provide reasonable accommodations unless it would pose an undue hardship on the operation of the business.
FEHA also covers housing providers, educational institutions, and public service organizations.
Key Legal Terms
- Disability: Under California law, a disability includes physical or mental impairments that limit a major life activity, even temporarily.
- Qualified Individual: Someone who can perform the essential functions of the job with or without accommodation.
- Undue Hardship: Significant difficulty or expense imposed on the employer, determined on a case-by-case basis.
When Is Accommodation Required?
Employers are not required to guess who needs an accommodation. Generally, the duty to accommodate is triggered when:
- The employee makes a request (verbally or in writing)
- The need for accommodation is obvious (e.g., a visible mobility impairment)
Once a request is made, the employer must engage in a “good faith interactive process” to determine an effective accommodation. Ignoring the request or failing to engage in this dialogue can itself be grounds for a lawsuit.
Examples of Failing to Provide Reasonable Accommodation
Failure to provide reasonable accommodation can take many forms, such as:
- Refusing to allow a modified work schedule for an employee undergoing medical treatment
- Terminating an employee after they request a standing desk for a chronic back condition
- Denying a request for leave to recover from surgery when such leave would not cause undue hardship
- Ignoring a request to move a workstation closer to an accessible restroom
- Requiring a deaf employee to attend meetings without a sign language interpreter
In housing or public accommodations, failures might include:
- Refusing to install grab bars in a bathroom for a tenant with mobility issues
- Not allowing a service animal in a rental property
- Failing to provide a wheelchair ramp at a business open to the public
Legal Consequences of Non-Compliance
Here are some legal consequences of non-compliance you might encounter:
Civil Penalties and Damages
An employer or property owner who fails to provide reasonable accommodation may be held liable for:
- Lost wages and benefits
- Emotional distress damages
- Punitive damages (in cases of willful misconduct)
- Attorney’s fees and court costs
Reinstatement or Modification Orders
Courts may also order:
- Reinstatement to a prior job
- Policy changes in the workplace
- Physical modifications to property or procedures
Government Enforcement
In California, claims of failure to accommodate can be filed with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), or with the federal Equal Employment Opportunity Commission (EEOC). These agencies may investigate, attempt mediation, or file lawsuits on behalf of the complainant.
How to Prove Failure to Accommodate
To succeed in a lawsuit, the plaintiff must typically show:
- They have a qualifying disability under the law
- They requested an accommodation
- The employer or provider knew of the disability and need
- An effective and reasonable accommodation was available
- The employer failed to provide the accommodation or engage in the interactive process
- This failure harmed the plaintiff (e.g., termination, demotion, inability to access housing)
Employers can defend themselves by proving:
- The request imposed an undue hardship
- The accommodation would have been ineffective
- The employee failed to provide documentation of the disability
- The employee could not perform essential job functions even with accommodation
Reasonable Accommodation and Retaliation
Employers are also prohibited from retaliating against employees for:
- Requesting an accommodation
- Filing a complaint
- Participating in an investigation
Retaliation may include termination, demotion, discipline, or a hostile work environment. Victims of retaliation may pursue additional damages.
Timeline and Statute of Limitations
In California, a complaint must be filed with the CRD within three years of the discriminatory act. Once the agency issues a “right-to-sue” letter, the individual has one year to file a lawsuit in court.
This timeline is critical—waiting too long can permanently bar a valid claim.
Tips for Employees
- Put your request in writing and keep copies
- Get medical documentation to support your need for accommodation
- Cooperate in the interactive process and be open to alternatives
- Consult an attorney if your request is ignored, denied, or followed by adverse action
Tips for Employers
- Train supervisors to recognize and handle accommodation requests
- Respond promptly and document everything
- Engage in the interactive process in good faith
- Consult legal counsel when evaluating whether an accommodation is reasonable or constitutes undue hardship
Failing to address these issues proactively can expose your company to serious liability.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
