Protecting Your Rights Under FEHA and the ADA
If you’re struggling at work due to a medical condition, disability, or injury, you have the right to ask for help — and your employer has a legal duty to consider it. Under California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), most employers must provide reasonable accommodations to qualified employees with disabilities.
Here’s a step-by-step guide from Employees First Labor Law, one of California’s premier employee rights law firms, on how to request accommodations — and what to do if your employer pushes back.
👉 Click here to contact our Employment Law team for a free consultation
What Is a Reasonable Accommodation?
A reasonable accommodation is any modification or adjustment to your job, work environment, or the way things are done that enables you to:
- Perform essential job functions
- Apply for a position
- Enjoy the same benefits and privileges as other employees
Examples include:
- Modified work schedules (e.g., later start times)
- Remote or hybrid work
- Ergonomic equipment or workstations
- Time off for medical treatment
- Reassignment to a vacant position
- Extended leave beyond FMLA/CFRA protections
California law often provides greater protections than federal law, especially for mental health conditions, pregnancy-related disabilities, and temporary impairments.
Step-by-Step: How to Request a Reasonable Accommodation
1. Identify the Disability or Medical Need
Your condition doesn’t need to be permanent. FEHA defines disability broadly — even stress, anxiety, depression, or pregnancy complications may qualify.
2. Make the Request (Preferably in Writing)
There’s no special legal form — you can say:
“I’m having difficulty doing [specific task] due to a medical condition. I’d like to explore a reasonable accommodation.”
Send your request to your supervisor, manager, or HR — ideally via email or text message so there’s a paper trail.
3. Engage in the “Interactive Process”
This is a two-way conversation where the employer must work with you in good faith to figure out a solution. They may ask for:
- Clarification of your limitations
- Medical documentation from your provider
- Suggestions for potential accommodations
💡 Employers are not entitled to your full medical history — only enough to understand your functional limitations.
4. Provide Medical Support if Requested
You may need a letter from a health care provider. It should describe:
- Your limitations
- The duration of the condition
- Recommended accommodations
👉 Learn more about the Interactive Process here
What If My Employer Denies the Request?
They can only deny your request if it causes an “undue hardship” — meaning it’s significantly costly or disruptive to business operations. Most excuses like “it’s against policy” or “we’ve never done that before” are not legally valid.
Common unlawful denials include:
- Refusing to discuss accommodations at all
- Demanding you take leave instead of modifying your duties
- Firing you shortly after you request help (retaliation)
📞 If your employer is making things difficult, don’t wait — call EFLL immediately.
Can I Be Fired for Asking for an Accommodation?
No — that would be illegal retaliation.
FEHA prohibits employers from punishing you for asserting your rights. If you were demoted, harassed, or fired after asking for help, you may have a wrongful termination or disability discrimination claim.
👉 Explore our Wrongful Termination page
👉 See if you also qualify for a Workers’ Comp claim due to stress or retaliation
Contact EFLL: California’s Disability Accommodation Lawyers
At Employees First Labor Law, we’ve helped hundreds of workers get the accommodations they need — and held employers accountable when they refused. Whether you need help crafting your request or suing for retaliation, we’re here for you.
✅ No win, no fee
✅ Proven trial attorneys
✅ Free, confidential consultations
📞 Call us now or
📩 Click here to schedule your case evaluation
