Reasonable Accommodation California: What You Can Request

By Milan Chatterjee | Founding Attorney, Milan Legal

reasonable accommodation California

A disability does not automatically prevent someone from working, but it may mean that certain workplace duties, schedules, or conditions need to change. California law generally requires covered employers to provide reasonable accommodation to qualified employees and applicants with disabilities, unless a legal exception applies. Understanding your options can help you identify a practical adjustment and explain why it would allow you to perform your job. If your employer has rejected a request or failed to discuss possible solutions, a California disability discrimination lawyer can help you understand the protections that may apply.

A reasonable accommodation is not necessarily the employeeโ€™s preferred solution, and employers are not required to approve every requested change in every circumstance. The central questions are whether an adjustment could help the employee perform the essential job functions or enjoy equal employment opportunities, and whether providing it would create an undue hardship under the applicable law. The following guide explains common accommodations, reassignment, the employerโ€™s obligations, and practical ways to make or respond to a request.


What Does Reasonable Accommodation Mean in California?

Under California Government Code section 12940(m), covered employers generally must make reasonable accommodation for the known physical or mental disabilities of an applicant or employee, unless the employer can establish undue hardship. The Fair Employment and Housing Act (FEHA) provides broader disability protections than some people expect, and an accommodation may be appropriate even when the employee can perform the job but needs a change in how, when, or where certain tasks are completed.

California Government Code section 12926 defines relevant terms, including disability and undue hardship. The legal analysis considers the employeeโ€™s limitations, the jobโ€™s essential functions, the proposed adjustment, and the circumstances of the employer. A qualifying disability may not be obvious, and an employee does not necessarily need to use legal terminology when raising a workplace limitation. The request should provide enough information for the employer to understand that a work-related change may be needed because of a medical condition.

Reasonable accommodation is different from simply giving an employee a preference. A request should connect the proposed change to a functional limitation or workplace barrier. For example, an employee with a condition that makes prolonged standing difficult might request a stool or periodic sitting breaks. An employee whose treatment causes fatigue at certain times may request a modified schedule if that adjustment is compatible with the jobโ€™s essential functions.

Employers and employees generally must participate in a timely, good-faith interactive process to identify an effective accommodation when required by California law. This process is intended to explore workable options, not to guarantee that every proposal will be accepted. If the first suggestion is not feasible, both sides may need to consider alternatives rather than ending the discussion without evaluating reasonable possibilities.


Common Reasonable Accommodations You Can Request

The appropriate accommodation depends on the employeeโ€™s limitations and the duties of the position. California regulations recognize that accommodations may involve changes to the workplace, equipment, schedules, job duties, policies, or other aspects of employment. Examples include modifying a workstation, providing accessible equipment, adjusting work hours, allowing breaks, or changing how certain tasks are performed.

Modified duties and workplace equipment may help an employee perform essential functions safely and effectively. Examples can include an ergonomic chair, an accessible workstation, assistive technology, a document reader, or tools that reduce repetitive movements. An employer may also consider adjusting marginal duties when appropriate, although it generally does not have to eliminate essential job functions or create an entirely different position as the default solution.

Schedule changes and intermittent breaks may be useful when symptoms, treatment, or medication affect an employeeโ€™s ability to work a standard schedule. Depending on the role, an accommodation might include a later start time, a temporary reduction in hours, additional breaks, or time away for medical appointments. The employer may need relevant information about the limitations and anticipated schedule, but the request should be evaluated individually rather than rejected simply because it differs from the usual schedule.

Remote work or a hybrid schedule may be appropriate when the employee can perform the essential functions away from the workplace and the arrangement effectively addresses the limitation. Remote work is not automatically required whenever an employee requests it. The employer may consider the actual duties, the need for in-person collaboration, equipment, security, and whether another accommodation would be equally effective. A blanket assumption that remote work is never possible, however, may fail to address the specific request adequately.

Leave as an accommodation may be appropriate when an employee needs time away from work because of a disability. Depending on the circumstances, an employer may need to consider a finite period of leave even when other leave programs have been exhausted. Indefinite leave with no reasonably foreseeable return date can present different legal issues. The employer should assess the specific medical need and available information rather than automatically treating every leave request as unreasonable.

Reassignment or changes in how tasks are allocated may also be relevant in certain cases. An employer may consider reallocating marginal duties or adjusting procedures, provided the change does not remove essential functions or impose undue hardship. The goal is to identify an effective adjustment that allows the employee to continue working when reasonably possible.


Reassignment to a Vacant Position

When an employee cannot perform the essential functions of their current position even with reasonable accommodation, reassignment to a vacant position may need to be considered. Californiaโ€™s disability regulations address reassignment as a possible accommodation, subject to the legal requirements and circumstances. It is not necessarily the first option, because the employer and employee should also consider whether an effective accommodation would allow the employee to remain in the current role.

Reassignment generally concerns an existing vacant position for which the employee is qualified, rather than requiring the employer to create a new job. The employer may need to consider whether the employee can perform the positionโ€™s essential functions with or without accommodation. The availability of a vacancy, the employeeโ€™s qualifications, and applicable legal rules can affect the analysis.

An employee can help the process by identifying relevant skills, experience, and positions of interest, while asking the employer to consider available vacancies consistent with the law. Keep copies of communications about reassignment and any positions discussed. If the employer rejects reassignment without explaining whether suitable vacancies were considered, or simply tells you to resign, seek advice about the circumstances before assuming that the employer has met its obligations.

Employee discussing reasonable workplace accommodations with an HR manager

Undue Hardship: When Can an Employer Refuse?

California law does not require an employer to provide an accommodation that would impose an undue hardship. Under Government Code section 12926(u), undue hardship involves significant difficulty or expense when considered in light of relevant factors, including the nature and cost of the accommodation, the employerโ€™s resources, the size and structure of the business, and the impact on operations. The analysis is fact-specific; an employer should not rely solely on inconvenience or an unsupported assumption that an accommodation would be too expensive.

An employer may have legitimate reasons to question a proposed arrangement. For example, a particular schedule may conflict with essential coverage requirements, or a requested device may not address the employeeโ€™s actual limitation. But the employer should consider the circumstances and whether another effective accommodation is available. If one proposal creates a genuine problem, that does not automatically establish that every possible accommodation would impose undue hardship.

The interactive process is important when a request cannot be approved as submitted. The employer and employee should communicate in good faith about the limitation, the essential job functions, and possible alternatives. An employer may request reasonable medical documentation when the disability or need for accommodation is not obvious, subject to applicable privacy and legal limits. The employee should cooperate with reasonable requests for relevant information, while the employer should avoid demanding unrelated medical details.

California Code of Regulations, title 2, sections 11065 and 11068 address reasonable accommodation and related obligations. These regulations help explain the scope of the process and the types of accommodations that may be considered. Whether a refusal is lawful depends on the actual evidence, the proposed adjustment, and the employerโ€™s circumstances. A brief denial without meaningful consideration of alternatives may raise concerns, but the outcome cannot be determined from the denial alone.

How to Ask for a Reasonable Accommodation

A request does not always need to include a formal legal phrase such as โ€œreasonable accommodation.โ€ Employees can raise the issue verbally or in writing, but a written request often helps create a clear record. Explain that a medical condition is affecting a work activity and identify the change you believe could help. You do not need to disclose every detail of your medical history in the initial request.

Be specific about the work-related limitation and the adjustment sought. Instead of saying only that you cannot continue working as usual, explain, for example, that standing for long periods causes a limitation and ask whether a stool or scheduled sitting breaks could be considered. If you need a schedule change for recurring treatment, describe the anticipated timing and frequency as accurately as possible. The employer may need additional information to assess the request, and medical circumstances can change.

Keep copies of the request, the employerโ€™s response, any medical certification submitted, and the notes from follow-up discussions. If your employer asks for more information, clarify what is needed and how it relates to the accommodation request. When a providerโ€™s documentation is necessary, ask the provider to focus on relevant functional limitations, expected duration, and potential adjustments rather than unrelated medical information.

You should also participate in the interactive process. Consider reasonable alternatives if your first request cannot be accommodated, and explain why a proposed alternative would or would not address the limitation. Keep the discussion focused on effective solutions and the essential functions of the job. If your employer repeatedly delays, stops responding, or refuses to discuss alternatives, document the dates and communications and consider seeking legal advice.

What to Do If Your Accommodation Request Is Denied

If an employer denies your request, ask for the reason in writing and whether other accommodations were considered. The employer may have a legitimate reason to reject a particular proposal, but the discussion should focus on the employeeโ€™s limitations, essential job functions, and possible effective alternatives. A denial is not necessarily unlawful, just as an employerโ€™s assertion of undue hardship does not automatically establish that the refusal is justified.

Review the explanation against the facts. If the employer says a schedule change is impossible, consider whether the job actually requires the current schedule or whether another arrangement could address the limitation. If remote work is denied, the key questions may include which essential functions require in-person attendance and whether other adjustments could be effective. Avoid assuming that one example determines the outcome for every workplace.

Document any related employment action, such as discipline, reduced hours, a negative evaluation, or termination. Preserve earlier performance reviews, relevant policies, the accommodation request, and communications explaining the decision. If you believe the denial is connected to disability discrimination or a failure to engage in the required interactive process, consult an attorney about the facts and possible options. California law may provide remedies in qualifying cases, but the appropriate next step depends on the evidence and applicable deadlines.


About Attorney Milan Chatterjee

This article was prepared by Milan Chatterjee, an attorney licensed in California and Nevada and founder of Best Employment Attorney, the dedicated employment law practice of Milan Legal.

Milan represents employees and employers in workplace disputes involving harassment, discrimination, retaliation, wrongful termination, wage claims, employment contracts, severance agreements, and related employment matters. He earned his Juris Doctor from UCLA School of Law and studied at New York University School of Law as a visiting student. Before entering private practice, he served as Associate Compliance Counsel at Las Vegas Sands Corporation, advising on employment compliance, workplace investigations, corporate governance, workforce restructuring, and risk management.

Frequently Asked Questions

A reasonable accommodation is a change to the workplace, job duties, schedule, equipment, or another employment condition that helps a qualified employee with a disability perform essential job functions or access equal employment opportunities. The appropriate adjustment depends on the employeeโ€™s limitations and the circumstances of the job.

Yes, you can request remote work if it may address a disability-related limitation. The employer must assess the request under the applicable law and the jobโ€™s actual requirements, but remote work is not automatically required. Other effective accommodations may also be considered.

An employer may refuse an accommodation that would impose undue hardship under the applicable legal standard. California law considers factors such as cost, the employerโ€™s resources, and operational impact. A general statement that an accommodation is inconvenient or expensive does not, by itself, resolve whether the legal standard is met.

Reassignment to a vacant position may need to be considered when an employee cannot perform the essential functions of the current position with reasonable accommodation. The employee generally must be qualified for the vacant position, and the legal requirements depend on the circumstances.

Not in every situation. If the disability or need for accommodation is not obvious, an employer may request reasonable medical documentation that confirms relevant limitations and the need for an adjustment. The request should be limited by applicable law and should not require unrelated medical details.

Ask for the reason in writing, inquire whether alternatives were considered, and keep copies of the request and all responses. If the employer fails to engage in the interactive process or you suspect disability discrimination, consider consulting an employment attorney about your options and any deadlines.

Conclusion

Reasonable accommodation California protections can cover changes to duties, equipment, schedules, work arrangements, leave, and, in some circumstances, reassignment to a vacant position. The right accommodation depends on the employeeโ€™s limitations and job responsibilities, while employers may refuse a specific request when a legal basis such as undue hardship applies. A meaningful, good-faith discussion can help both sides identify an effective solution.

Describe the work-related limitation, propose an adjustment, respond to reasonable requests for relevant information, and retain copies of the communications. If your employer denies the request without adequately considering alternatives, stops participating in the interactive process, or takes adverse action after you request accommodation, seek advice promptly about your rights and any applicable filing deadlines.

Milan Chatterjee

Milan Chatterjee

Milan Chatterjee is a Nevada employment attorney representing both employees and employers across Las Vegas, Reno, and Northern Nevada. As former Associate Compliance Counsel at Las Vegas Sands Corp., a Fortune 500 hospitality company, Milan advised senior leadership on employment compliance, internal investigations, and litigation strategy across global operations. He uses that in-house perspective to anticipate how major Nevada employers approach termination decisions, document creation, and litigation defense โ€” and to dismantle those strategies for the employees and smaller employers he represents today. His practice covers wrongful termination, discrimination, harassment, wage and hour disputes, and HR compliance under NRS Chapter 608, NRS 613, Title VII, FLSA, and the ADA.

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