Few employment requirements are as challenging for employers to follow as the laws that require employers to consider reasonable accommodations for disabled employees who are unable to perform the essential functions of their job. In addition, under California law, employers are required to conduct an interactive process to discuss whether an accommodation is available without posing undue hardship on the employer, or to discuss whether an alternative vacant position is available. The laws can be difficult to interpret but California courts have shown time and time again that the stakes are high, and the consequences for an employer’s misstep are steep.

The Americans with Disabilities Act (“ADA”) and California’s Fair Employment and Housing Act (“FEHA”) make it clear that employers have a broad duty to accommodate employees with disabilities. In fact, this duty extends even if the disabled employee did not specifically request an accommodation, so long as the disability and need for an accommodation is obvious. (42 U.S.C.S. § 12112(b)(5)(A); Bax v. Drs. Med. Ctr. of Modesto, Inc. (9th Cir. 2022) 52 F.4th 862, 863; Scotch v. Art Institute of California (2009) 173 Cal.App.4th 986, 987.) As such, it is always best practice for employers to be proactive about engaging in an interactive process with employees who may be struggling to complete their work due to a disability.