CRD Guidance on Disability Accommodations at Work

California’s employment landscape is full of complex laws and protections employers must navigate. One of the more nuanced areas of employment law is disability accommodations. Recently, the California Civil Rights Department (CRD) released a new fact sheet to provide employers with additional clarification. We’ve summarized some key highlights below.

Which employers & workers are covered under disability discrimination laws?

Private employers with five or more employees and all public employers are covered. The law protects employees as well as interns, volunteers, and job applicants.

What is a reasonable accommodation?

A reasonable accommodation is a change that makes it possible for a person with a disability to do their job or advance in their career. This can include changing a worksite or workplace rule.

Examples of accommodations include:

• Allowing service animals at worksites, like guide dogs
• Providing readers or interpreters
• Transferring employees to different worksites
• Restructuring job tasks
• Changing work schedules
• Adjusting exams, training materials, or policies
• Providing additional training
• Allowing an employee to work from home

How does a person show a need for reasonable accommodation?

Employers cannot require people to request accommodations in writing or require them to use specific words. When a person with a disability asks for a change to their workplace or working conditions to enable them to perform the essential functions of their job, this qualifies as a reasonable accommodation request. At this point, employers should acknowledge the request and engage in an interactive process to explore any reasonable accommodations.

Can an employer request a doctor’s note?

Yes, employers can sometimes request medical documentation as part of the interactive process. Various types of medical providers can provide the documentation.

This is allowed when an employer does not know about the disability or the disability is not obvious. The documentation may include:

• Letters or notes from a healthcare provider
• Detailed or simple certification forms
• Medical inquiry forms completed by a healthcare provider after a request

The CRD’s interactive process packet provides a medical certification form, but if employers choose to use their own, they must make sure that they do not request information beyond what is permitted by law.

It is also recommended that employers have and provide a job description so the medical professional knows the essential functions of the job.

Can employers deny accommodations?

There are some limited situations in which an employer can deny accommodations. These include:

• If the disability is not recognized by the law
• If the accommodation eliminates an essential job function
• If the accommodation creates an undue hardship
• If the accommodation creates a health and safety risk for the employee or others

If an employer claims the accommodation would create an undue hardship, then they are responsible for proving that is the case. Keep in mind that if an accommodation does not work, employers should continue the interactive process to explore if there are any other potential solutions.

Tricky accommodation questions? CEA members can access our forms & toolkits, call us at 800.399.5331, or email us at CEAinfo@employers.org.