In this guide8 sections
In a published 2025 decision, a California Court of Appeal ruled against a school district employee who wanted to keep working fully remote after the pandemic. She had not shown a disability that qualified under California law, and the district had offered other options. The lesson: remote work can be a reasonable accommodation, but you generally need a qualifying disability, medical documentation, and good-faith participation in the interactive process.
Key takeaways
- California regulations list working from home as one possible reasonable accommodation for a disability (2 CCR §11065(p)(2)(L)).
- A preference, a general fear of illness, or a minor past reaction does not by itself make you disabled under FEHA.
- Your employer must consider the accommodation you ask for, but it can choose a different one if it is effective (2 CCR §11069(c)(8)).
- Retiring or quitting instead of accepting effective alternatives can make it hard to show an adverse action.
What the court decided
The employee, a senior business systems analyst with the district since 2006, worked from home starting in March 2020. When the district required staff to return in person, she asked to stay fully remote, citing doctors’ notes about COVID-19 risk from her age and health conditions, possible vaccine reactions, and caregiving for her disabled mother.
Over nearly two years, the district held at least six interactive process meetings and offered a private office, protective equipment and several hybrid schedules. She retired and sued under the Fair Employment and Housing Act (FEHA) and California’s workplace safety statutes.
The Court of Appeal (Fourth District) affirmed judgment for the district on three main grounds:
- Public health immunity. A statute that protects public entities’ public health decisions made with due care (Gov. Code §855.4) shielded the district’s decisions about remote and in-person work.
- No qualifying disability. A minor allergic reaction to a vaccine about ten years earlier did not meet FEHA’s definition of disability, and the district never required COVID-19 vaccination.
- No adverse action. Because she retired voluntarily, the court found no adverse employment action.
When remote work can be a reasonable accommodation
FEHA requires employers with five or more employees to reasonably accommodate a known physical or mental disability and to engage in a timely, good-faith interactive process (Gov. Code §12940(m), (n)). California’s definition of disability is broad: a condition that limits a major life activity, which is a lower bar than federal law (see the Civil Rights Department’s disability guidance).
The regulations’ examples of accommodations include a modified schedule, leave, reassignment and “permitting an employee to work from home.” Remote work is most likely to be reasonable when your condition is documented, you can do the essential functions from home, and you have done the job remotely before.
Example (hypothetical): Priya’s doctor says her autoimmune condition makes a daily commute and crowded office a serious infection risk. She did her job remotely for two years with strong reviews. Her documented condition and track record put her in a much stronger position than the employee in this case.
How the interactive process works
If your need for accommodation isn’t obvious, your employer may ask for reasonable medical documentation, but generally not your full medical records, and the note does not have to name your diagnosis (2 CCR §11069). You are expected to respond, provide requested information and seriously consider alternatives.
Our guides on the interactive process and how to request an accommodation walk through each step.
Caregiving is a different issue
FEHA bars discrimination based on your association with a person who has a disability, but caregiving needs are usually handled through family leave. If you need time off to care for a family member with a serious health condition, see FMLA and CFRA leave rights.
Practical steps if you need to work remotely
- Ask your doctor for a note describing your functional limitations and why remote work addresses them.
- Make the request in writing and keep copies of every response.
- Attend interactive process meetings and respond in writing to each proposed alternative.
- Don’t resign or retire without advice. Quitting can weaken a claim unless conditions were intolerable. See constructive discharge in California.
- File any CRD complaint within three years of the last harm.
Frequently asked questions
Can my employer make me come back to the office if I have a disability?
It can require in-person work, but it must consider reasonable accommodations such as remote work, a hybrid schedule or workspace changes, and may choose any effective option.
Is anxiety about getting sick a disability?
General worry is usually not enough. A diagnosed mental or physical condition that limits a major life activity can qualify, so medical documentation matters.
Do I have to tell my employer my diagnosis?
Generally no. Your employer can ask for reasonable documentation of your limitations, but California regulations say the nature of the disability need not be disclosed.
Does this decision apply to private employers?
The immunity part applies only to public entities. Its reasoning on what counts as a disability and on voluntary retirement may be cited in cases against private employers too.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively. If your request to work remotely was denied, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
