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Key Concepts in Disability Discrimination for California Employee

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Kaufman Law FirmAugust 21, 2025Discrimination
  1. It’s the Employer’s Duty to Accommodate.  Employers have an affirmative duty to accommodate disabled workers, not merely a passive obligation to respond to requests. This duty arises even if the employee has not requested any accommodation, as long as the employer is aware of the disability. 

  2. The duty to accommodate is triggered when?  The employer must initiate the interactive process when: 
  • An employee or applicant with a known disability requests reasonable accommodation
  • The employer becomes aware of the need for accommodation through a third party or by observation
  • The employer becomes aware of possible need for accommodation because the disabled employee has exhausted leave under applicable statutes and further accommodation is necessary 
  1. What is the Interactive Process?   It’s communicating with the employee. The employer must engage in a “timely, good faith interactive process” with the disabled employee to determine effective reasonable accommodations. The interactive process involves:
  • Direct communication between employer and employee (preferred but not required) 
  • Exchange of information about job skills and job openings 
  • Collaborative determination of suitable accommodations 
  1. Consider Various Types of Accommodations. Employers must consider the non-exhaustive list of possible accommodations, including: 
  • Making facilities accessible 
  • Job restructuring 
  • Modified work schedules 
  • Reassignment to vacant positions 
  • Acquiring or modifying equipment 
  • Adjusting policies or procedures 
  • Providing qualified readers or interpreters 
  • Allowing assistive animals
  • Providing paid or unpaid leave 
  • Permitting work from home 
  1. Then the Employer must Provide Reasonable Accommodation.  Unless it would cause undue hardship to the employer’s operations, the employer must provide effective accommodation that allows the employee to perform essential job functions. The employer has discretion to choose between effective accommodation and may select the less expensive or easier option. 

  2. Assess Undue Hardship If claiming undue hardship, the employer must demonstrate that the accommodation would require “significant difficulty or expense” considering factors such as: 
  • Nature and cost of the accommodation 
  • Overall financial resources of the facility 
  • Overall resources of the covered entity
    Type of operations and workforce composition 
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