California Employer FAQs: Handling Employee Accommodation Requests

When an employee requests an accommodation, California employers should act promptly and engage in a meaningful interactive process. Employers should not assume they know what an employee needs or whether a request can be granted without further discussion. Instead, they should have a two-way conversation with the employee to understand the limitations involved, explore potential accommodations, and identify an effective solution when possible.

Employers should document the process from start to finish, including the request, communications with the employee, accommodations considered, and the reasons for any decisions made. The California Civil Rights Department has helpful forms that can be used throughout the process: https://calcivilrights.ca.gov/accommodation/

1. Can an employer immediately deny a requested accommodation?

Generally, no. Employers should first engage in the interactive process to determine whether a reasonable accommodation is available or whether undue hardship would result to the employer if it granted the accommodation.

2. Can an employer ask for medical documentation?

In some circumstances, yes. Employers may request reasonable supporting information when the need for an accommodation or the employee’s limitations are not apparent. Requests should be limited to information necessary to evaluate the accommodation. Do not ask for the specific diagnosis.

3. Does an employer have to provide the employee’s preferred accommodation?

Not necessarily. Employers may consider alternative reasonable accommodations that are effective in allowing the employee to perform the essential functions of the job.

4. What if the requested accommodation creates a hardship for the employer?

Employers are not required to provide an accommodation that creates an undue hardship. However, an employer should not simply deny a request based on cost, inconvenience, or operational concerns without first evaluating the specific circumstances and considering whether alternative accommodations may be available. Employers should also first discuss the hardship with the employee and assess whether other alternative accommodations can be provided.

5. How quickly must an employer respond to an accommodation request?

Employers should respond promptly. Unnecessary delays in addressing an accommodation request can create legal risk, even if the employer ultimately provides an accommodation. Employers should begin the interactive process when they become aware of a potential need for accommodation.

6. What if an employee’s disability or need for accommodation is not obvious?

If the need for accommodation is not apparent, an employer may request reasonable documentation to better understand the employee’s functional limitations and identify potential accommodations. Employers should avoid requesting unnecessary medical information and should focus only on information relevant to the accommodation process.

Contact us if you have any questions about handling employee accommodations or defending disability discrimination claims.