When you tell your employer you have a disability, you expect cooperation. Instead, many California employees get pushback. HR stops returning calls. Managers get annoyed. Suddenly your job duties change, your schedule shifts, or you start getting treated like a problem. Your employer acts like they have no legal obligations at all. This behavior is common, and it usually signals that the employer does not understand or does not care about its duties under the Fair Employment and Housing Act (FEHA). Under the FEHA interactive process in California, employers must engage you in a real, good-faith discussion about your restrictions and accommodations. That process is not optional. It is one of the strongest employee protections in the state.
I’m Matt Ruggles and I’ve been practicing California employment law for more than thirty years. I have represented countless employees who became disabled at work or disclosed a disability to their employer and immediately faced retaliation up to and including termination of their employment.
I wrote this guide to give disabled employees the information they never get from HR. If you want to know whether you are being discriminated against, you need to understand what the FEHA requires of employers. You need to know what the interactive process is, when it must begin, and what your employer must do at each step. Once you understand those fundamentals, it becomes very clear whether your employer is following the law or breaking it. This guide explains exactly how to make that determination.
If you’re already seeing signs that your employer is ignoring your restrictions or avoiding the conversation, you should not wait. I’ve handled these cases for decades, and the situation rarely improves on its own. If you want to understand your rights and get a straight answer about your options, call the Ruggles Law Firm at 916-758-8058. I’ll tell you exactly where you stand.
Understanding Disability Under California Law
Before you can evaluate whether your employer followed the interactive process, you need a clear understanding of what California law considers a disability. The FEHA uses a broad standard that protects far more conditions than most employees realize.
California’s Civil Rights Department publishes detailed guidance explaining how disability is defined under the FEHA and what types of medical conditions trigger an employer’s duty to engage in the interactive process. The CRD makes clear that California’s definition of disability is intentionally broad so employers cannot dismiss legitimate medical limitations or demand unnecessary proof. Employees should review the CRD’s disability accommodation resources to understand how their condition fits within California law.
What Counts as a Disability Under California’s FEHA
California uses a broad and employee-protective definition of disability. Under the FEHA, a disability is any physical or mental impairment that makes a major life activity more difficult. Major life activities include walking, lifting, standing, breathing, learning, performing manual tasks, interacting with others, and working. In most workplace cases, “working” is the central life activity at issue.
The cause of the condition never matters. An employee is protected whether the limitation comes from a childhood injury, a workplace incident, an illness picked up on vacation, a sports accident, or a mental health condition. The law does not ask where the disability came from. It asks only whether it limits a major life activity and whether accommodations are needed to perform the job.
Disability discrimination is unique because, unlike most discrimination categories, the FEHA allows an employer to take action if the employee cannot perform the essential functions of the job even with reasonable accommodation. That exception is narrow. Employers often misuse it to justify decisions that violate the FEHA.
If you’re curious why wrongful termination lawsuits under the FEHA often backfire on employers, read my blog Wrongful Termination Lawsuits Under the FEHA: A Costly Gamble for Employers.
Categories of Disabilities Protected Under the FEHA
California recognizes a wide range of conditions as disabilities. The list is not exhaustive, but the categories below help employees understand how broad the FEHA’s protections really are.
Physical Mobility Limitations
These include any restriction involving standing, walking, lifting, pushing, pulling, bending, stooping, climbing, or other forms of physical mobility. Conditions may be temporary or permanent. They may arise from old injuries, chronic conditions, degenerative issues, or medical limitations the employee has lived with long before being hired.
Illnesses or Injuries Requiring Treatment or Leave
Unexpected medical events often qualify as disabilities, even when they occur outside of work. Examples include heart attacks, surgeries, infections, or any condition that requires hospitalization or extended medical treatment. These conditions often lead to temporary restrictions and trigger the employer’s duty to engage in the FEHA interactive process.
If your medical leave was denied or cut short, read my breakdown of what employees can learn from this situation: Denied Medical Leave: What Employees Can Learn from Head v Costco.
Work-Related Injuries With Medical Restrictions
Employees injured on the job frequently receive work restrictions through the workers’ compensation process. Restrictions involving lifting, pushing, pulling, sitting, standing, and repetitive motions usually qualify as disabilities under the FEHA. Employers must treat these restrictions the same as any other medical limitation.
Mental Disabilities Affecting Job Duties
Mental or emotional impairments that impact concentration, communication, interaction with others, decision-making, or the ability to perform essential functions are protected under the FEHA. These conditions often require thoughtful and individualized accommodations. They are also the types of disabilities employers mishandle most often.
Conditions Not Considered Disabilities Under the FEHA
The FEHA does not treat minor ailments, ordinary physical changes, personality traits, substance abuse, temporary conditions without lasting limitations, or general characteristics such as weight or height as disabilities. These exclusions are narrow, and employees should not assume their condition falls outside the FEHA without legal guidance.
If you want to understand how California law protects workers from discrimination and retaliation, read my article FEHA: How It Protects California Employees.
When the FEHA Interactive Process in California Must Begin
The timing of the FEHA interactive process in California is critical because employers often violate the law before they even begin the required conversation.
What Triggers the Employer’s Duty in the FEHA Interactive Process
The FEHA interactive process begins the moment an employer becomes aware that an employee has a disability or work restriction that may require accommodation. The law does not wait for formal paperwork or magic words. It only requires that the employer learn, in any reasonable way, that the employee’s physical or mental condition is impacting job performance or work capacity.
Employers gain this knowledge in several ways. Employees may disclose a diagnosis or limitation in conversation. They may submit a doctor’s note. A supervisor may receive temporary or permanent restrictions after an injury. Sometimes the limitation is obvious. Limping, restricted mobility, visible medical devices, or observable symptoms can all trigger the employer’s duty to act. Once that information is known, the employer cannot sit back and wait for follow-up. The duty to explore accommodations begins immediately.
The interactive process is not a one-time event. The FEHA requires employers to continue the process as circumstances change. Restrictions may evolve. Symptoms may improve or worsen. Job duties may shift. New accommodation options may become available. Employers must revisit the conversation and adjust the plan rather than treat the first meeting as the last.
Employer Knowledge Requirements Under FEHA
Under the FEHA, an employer is responsible not only for what it actually knows, but also for what it reasonably should have known. If the disability or limitation is clear enough that any reasonable employer would recognize it, the legal duty to start the interactive process is triggered. Employers cannot avoid responsibility by claiming they wanted more documentation or that the employee did not fill out an internal HR form.
Once restrictions appear, the law closes the door on excuses. Employers cannot claim they were unaware of the problem when the employee is providing notes from a treating doctor or when a supervisor receives information showing the employee cannot safely perform certain duties. They also cannot ignore signs of a disability simply because the employee is trying to work through pain or difficulty. Knowledge is knowledge. And once an employer has it, the FEHA requires action.
If you want a deeper look at how California defines and prosecutes disability bias, read my analysis: Disability Discrimination in California.
FEHA Interactive Process Requirements
Once an employer knows about a disability or work restriction, the law requires a structured and genuine interactive process. This process is not optional. It is the method California uses to ensure employees receive reasonable accommodations and equal access to their jobs.
FEHA Interactive Process Good-Faith Dialogue Requirement
The FEHA interactive process starts with a simple requirement. The employer must engage the employee in a real conversation about the limitations and what adjustments might allow the employee to perform the essential functions of the job. This is not a paperwork exercise. It is not a box-checking routine. It is a legal obligation to communicate honestly and to problem-solve.
One meeting is never enough. Restrictions can change, job duties may shift, and accommodations often need follow-up. The FEHA treats the interactive process as an ongoing dialogue. Employers must circle back, reassess what is working, and offer alternatives when the first attempt is not effective. Ending the process after one conversation is one of the most common FEHA violations.
How FEHA Compares Restrictions to Essential Job Functions
At the core of the FEHA interactive process is the comparison between the employee’s medical restrictions and the essential functions of the job. An employer cannot guess which functions are essential. They must identify them, analyze them, and be able to explain why each one is fundamental to the role.
Identifying Essential Job Functions Under the FEHA
The FEHA requires employers to determine which duties are truly essential, rather than simply preferred or convenient. Factors include the actual work performed, written job descriptions, the amount of time spent on each task, and whether the function is critical to the business. Employers often exaggerate what is “essential” to justify denying accommodations. Courts see through this quickly.
What Employers Can Ask Doctors During the FEHA Interactive Process
Employers are allowed to seek clarification from a medical provider when restrictions are unclear. They may ask about functional limitations, expected duration, and what tasks may or may not be performed safely. The purpose is narrow: to understand restrictions so accommodations can be crafted intelligently.
What Employers Cannot Demand or Misuse
Employers cannot demand a diagnosis, treatment plan, detailed medical history, or personal health information that has nothing to do with the job. They cannot pressure the doctor to change restrictions. They cannot misuse medical paperwork by twisting the language or selectively quoting parts of it to justify denial of accommodations. They also cannot ignore the restrictions and rely on internal policies, staffing preferences, or convenience. When an employer does any of these things, the interactive process is no longer lawful.
Required Steps in the FEHA Interactive Process
These are the steps every employer must take to comply with the FEHA interactive process in California before denying accommodations or moving toward termination. These steps are not optional. California law expects employers to follow each one before denying accommodations or moving toward termination.
Step #1: Review Medical Restrictions
The first step is simple. Employers must treat the employee’s medical restrictions as factual. Doctors provide functional limitations for a reason. They are not suggestions. They are medical instructions designed to protect the employee’s health and safety.
Employers cannot ignore, minimize, or rewrite these restrictions. They cannot cherry-pick language from a doctor’s note to justify a predetermined decision. They cannot insist on “full duty only” when the medical provider has clearly outlined limitations. When employers pretend restrictions are unclear or inconvenient, they violate the FEHA at step one.
Step #2: Evaluate Reasonable Accommodations Under the FEHA
Once restrictions are understood, the employer must identify and evaluate possible accommodations. The FEHA requires an individualized assessment. There is no shortcut and no standard script. The employer must look at the job, the restrictions, and the available options and determine what adjustments could keep the employee working safely and effectively.
Examples of Reasonable Accommodations
Reasonable accommodations vary widely, but the most common include:
- Modified duties
• Reduced hours or adjusted schedules
• Work-from-home or hybrid schedules
• Equipment changes or workspace modifications
• Phased return-to-work arrangements
These adjustments are standard under the FEHA. Employers are expected to explore them before claiming that no accommodations are available.
Accommodation Shortcuts That Violate the FEHA
Employers often take shortcuts that directly violate California law. The common ones include:
- “We don’t offer a leave of absence.”
• “Company policy requires full duty only.”
• Rejecting accommodations without any individualized analysis.
The FEHA does not allow blanket rules. It requires a case-by-case evaluation. When an employer hides behind internal policy, convenience, or tradition, the law calls that discrimination.
Step #3: Offer Trial Accommodations
Sometimes the best way to determine whether an accommodation will work is to test it. The FEHA recognizes this and encourages employers to offer trial accommodations when the effectiveness of an adjustment is uncertain.
How Trial Accommodations Fit Into the FEHA Interactive Process
Trial accommodations allow both sides to evaluate whether the employee can perform the essential functions of the job safely and effectively with the proposed change. They also allow the employer to monitor performance and adjust the plan. A good-faith trial is evidence that the employer took its FEHA obligations seriously.
How Employers Misuse Trial Periods To Manufacture Performance Problems
Some employers misuse trial accommodations to create a paper trail against the employee. They assign duties outside the medical restrictions, set unreasonable expectations, or treat temporary adjustments as permanent failures. This is illegal. A trial accommodation cannot be used as a trap. When employers weaponize the process, they create strong FEHA liability.
If you’re dealing with both discrimination and blowback for speaking up, read my explanation: Disability Discrimination and Retaliation in California.
Step 4: Evaluate Reassignment Options
If accommodations within the current job do not work, the FEHA requires the employer to consider reassignment to a vacant position. This step is often misunderstood or ignored, but it is one of the most critical protections in disability discrimination law.
FEHA Rules for Reassignment Within the Interactive Process
Reassignment is a mandatory part of the interactive process. The employer must identify existing vacant positions the employee is qualified for and evaluate whether the employee can perform those duties with or without reasonable accommodation. The employer cannot refuse to look. It cannot delay the search. And it cannot force the employee to compete with outside candidates.
What Counts as a Vacant Job Under California Law
A “vacant” job includes:
- Open positions
• Positions the employer expects to open soon
• Positions temporarily filled by contractors
• Positions not yet posted publicly
California takes a broad view of vacancy because reassignment is designed to keep employees working, not push them out.
Why Reassignment Must Be Considered Before Termination
Termination is the last option under the FEHA. If a vacant position exists and the employee is qualified, the employer must offer reassignment before ending employment. Failing to evaluate reassignment is one of the most common and most costly FEHA violations. Employers that skip this step almost always violate the law.
If you’re reading this and realizing your employer skipped steps, dismissed your doctor’s notes, or rushed the process, you’re not overreacting. Those are common FEHA violations. Before the situation gets worse, talk to someone who knows how these cases play out. Call the Ruggles Law Firm at 916-758-8058. I can walk you through what your employer should have done and what your next move should be.
FEHA Interactive Process Violations
Many employees first realize the FEHA interactive process in California has broken down when specific violations start to appear. The FEHA interactive process only works when employers take their obligations seriously. When they do not, the law treats those failures as evidence of disability discrimination. Understanding the warning signs helps employees recognize when an employer has crossed from lawful decision-making into unlawful conduct.
Common FEHA Interactive Process Failures
There are several recurring failures that almost always point to a violation of the FEHA. These are not harmless mistakes. They are signs that the employer either misunderstood or deliberately avoided the law. These failures are some of the most common breakdowns in the FEHA interactive process in California.
No meaningful dialogue occurs when an employer refuses to meet, cuts the conversation short, or treats the interactive process like a formality. Wrongly rejecting restrictions happens when employers question the legitimacy of a doctor’s note or dismiss limitations as “not that serious.” Blanket policies, such as “full duty only” or “no modified work,” violate the FEHA because the law requires individualized review.
Failure to consider reassignment is another major violation. Employers often skip this step entirely. And sudden termination immediately after the employee discloses a disability or provides restrictions is one of the clearest signs that the employer wanted to avoid the process altogether.
Timing Red Flags in FEHA Disability Cases
The timing of an employer’s actions often reveals what was really happening behind the scenes. The FEHA places significant weight on chronology because discriminatory intent is often easiest to spot when a negative employment action occurs shortly after a protected disclosure.
Termination Soon After Requesting Accommodation
If an employee asks for accommodations and is terminated shortly afterward, the sequence alone raises suspicion. Employers often claim the decision was already in motion. Courts rarely accept that without evidence.
If you’ve just been fired and don’t know what to do next, read my post: I Just Got Fired: What Should I Do Right Away.
Termination on Return From Leave
Another common pattern is the employee who returns from medical leave only to be told there is no job available. Under the FEHA, the employer must evaluate accommodations before making that decision. Firing someone immediately upon returning from leave is a major red flag.
If your return from leave turned into a termination, read my take on what that usually means: My Leave of Absence Ended in Termination. Was This Discrimination?
Sudden Negative Reviews Triggered by Restrictions
A clean performance history can quickly unravel once restrictions appear. Employers sometimes generate new complaints, issue unwarranted write-ups, or reinterpret past conduct to justify termination. This is a classic sign that the disability disclosure triggered a shift in treatment.
Why FEHA Interactive Process Failures Create Liability
These breakdowns are not procedural issues. They are legal violations. The FEHA imposes specific duties at each stage of the interactive process, and employers who skip steps or act in bad faith expose themselves to substantial liability.
Liability for Failure to Engage in the FEHA Interactive Process
California recognizes failure to engage in the interactive process as its own cause of action. Even if a perfect accommodation did not exist, the employer still violates the law when it refuses to participate in the required dialogue.
Liability for Failure to Accommodate
If a reasonable accommodation was available and the employer ignored it, denied it, or never explored it, the FEHA treats that as unlawful failure to accommodate. This often leads to significant damages.
Liability for Disability Discrimination
When the employer’s actions show hostility, indifference, or a rush to terminate, the FEHA classifies the conduct as disability discrimination. This is where the law’s protections are strongest. Employers that terminate, push out, or discipline employees because of their restrictions face the most serious consequences.
If you want to understand your rights when facing discrimination at work, read my article Workplace Discrimination in California: All Employees Have Equal Rights.
How To Evaluate a FEHA Interactive Process Case
Employees often know something feels wrong long before they know the legal terminology. The FEHA violations usually follow predictable patterns. By walking through a few critical questions and reviewing key evidence, employees can quickly determine whether their employer failed to follow the FEHA interactive process.
Checklist for Spotting FEHA Interactive Process Violations
These violations are warning signs that the employer never intended to follow the FEHA interactive process in California.
The easiest way to evaluate your situation is to look at what actually happened when you disclosed your disability or provided restrictions. The questions below help you identify whether the employer followed its legal obligations.
- Did you provide restrictions?
• Were those restrictions ignored, dismissed, or treated as optional?
• Did your employer discuss them with you in a real conversation instead of a scripted meeting?
• Were meaningful accommodations explored, or did the employer jump straight to “no options available”?
• Were the essential duties of your job actually compared to your medical limitations, or did the employer rely on assumptions and policy?
• Did the employer consider reassignment to a vacant position, or pretend that step does not exist?
• And finally, were you pushed out, disciplined, or terminated anyway?
If several of these questions raise concerns, there is a strong chance the employer violated the FEHA.
Evidence That Strengthens a FEHA Disability Claim
Even the strongest interactive-process cases are built on documentation. The more concrete the timeline and communication, the harder it is for an employer to justify its actions. These are the types of evidence that matter most.
Communication Records About Restrictions
Emails, text messages, HR messages, Slack logs, and meeting notes showing that restrictions were provided or discussed are core evidence. These records usually reveal whether the employer took the interactive process seriously or tried to avoid it.
Medical Documentation
Doctor’s notes, return-to-work forms, functional-capacity evaluations, and treatment summaries help establish the nature of the restrictions and when the employer learned about them. The FEHA does not require you to reveal private medical details, but your functional limitations must be clear.
Timing Between Disclosure and Termination
Close timing between providing restrictions and losing your job is one of the strongest indicators of discrimination. Courts and agencies treat suspicious timing as meaningful evidence of unlawful motive.
If you’ve been laid off and are staring at a severance agreement, read my blog California Severance Negotiation After Layoffs: What to Know Before You Sign.
Sudden Change in Performance Evaluations
A clean work history followed by abrupt criticism, write-ups, or performance complaints after you present restrictions is a major warning sign. Employers sometimes manufacture performance problems to create a paper trail that hides a discriminatory decision. The FEHA recognizes this pattern immediately.
When to Contact a California Employment Lawyer
Most employees try to work things out with their employer before calling a lawyer. That is reasonable. But when the FEHA interactive process breaks down, the situation usually does not fix itself. There are clear warning signs that the employer is not following the law and that it is time to get legal help.
Signs You Need a FEHA Interactive Process Lawyer
There are several signals that an employer has stopped acting in good faith and may be setting the stage for discipline or termination. These red flags often appear early and should not be ignored.
Employer Not Responding to Restrictions
If you provide restrictions and the employer does nothing, takes weeks to respond, or simply refuses to schedule an interactive-process meeting, that is a major warning sign. The FEHA requires prompt engagement. Silence is not compliance.
Denial of Accommodations Without Explanation
Employers sometimes reject accommodations in a single sentence, claiming they are “not feasible” or “not available,” without providing analysis. That violates the FEHA. Any denial must be based on specific facts, not convenience or internal policy.
Pressure To Return Without Restrictions
When employers tell employees to come back “full duty” despite medical limitations, they are openly violating the FEHA. Pushing someone to ignore restrictions is both unsafe and unlawful. It also signals that the employer never intended to follow the interactive process.
Termination During Recovery or Leave
If an employee is terminated while recovering from an injury or medical condition, or while on protected leave, the timing alone is suspicious. The FEHA requires employers to explore accommodations before making any termination decision. Skipping that step is a classic violation.
If you’re trying to understand your options before, during, or after medical leave, read my advice: California Leave of Absence: Advice to Employees.
How a Lawyer Builds a FEHA Interactive Process Case
A strong FEHA case does not appear out of thin air. It is built through careful analysis of documents, restrictions, timelines, and the employer’s decisions. When handled correctly, these cases often reveal clear violations that employers try to hide behind policy or procedure.
Comparing Restrictions to Job Duties
A lawyer starts by comparing your medical limitations to the actual essential functions of the job. This analysis usually exposes whether the employer misrepresented job requirements or ignored accommodations that would have worked.
Identifying Missed Accommodation Options
A detailed review of job duties and workplace practices often reveals accommodations the employer never considered. These missed opportunities are powerful evidence that the interactive process was not handled correctly.
Analyzing Reassignment Failures
Reassignment is one of the most commonly ignored FEHA obligations. A lawyer will examine whether vacant positions existed, whether the employer searched for alternatives, and whether reassignment was deliberately avoided to justify termination.
Evaluating Motive and Timing
The timeline matters. Termination shortly after restrictions, sudden negative reviews, or abrupt changes in treatment often reveal discriminatory motive. A lawyer pieces together these events to show how the employer’s story breaks down.
If you’re trying to figure out how to choose the right attorney for your case, read my guide How Do I Select a California Employment Lawyer?
Frequently Asked Questions About the FEHA Interactive Process
What is the FEHA interactive process and why does it matter?
The FEHA interactive process is the required conversation between you and your employer about your medical restrictions and what accommodations will keep you working. It matters because California law expects employers to participate honestly. When the FEHA interactive process breaks down, it often means the employer plans to deny your rights or move toward termination.
When should my employer start the FEHA interactive process?
Your employer must start the FEHA interactive process as soon as they know you have a disability or work restriction. You do not need special forms or specific language. The moment they learn about your limitation, they must start talking to you about accommodations.
What should the FEHA interactive process look like?
The FEHA interactive process in California requires ongoing communication, real analysis, and a willingness to adjust accommodations as circumstances change.
A proper FEHA interactive process includes a real conversation, a review of your restrictions, an analysis of your job duties, and a search for accommodations. Your employer cannot rush the process, block accommodations with policy, or ignore your doctor’s instructions. They must take each step seriously. When employers skip critical steps, it is no longer a lawful FEHA interactive process in California.
What if my employer refuses accommodations during the FEHA interactive process?
Your employer must give you a valid, factual reason for denying an accommodation. If they reject your request without analysis or hide behind policy, they violate the FEHA interactive process. A denial without explanation is often a sign of discrimination.
Does the FEHA interactive process cover reassignment to another position?
Yes. The FEHA interactive process requires employers to consider reassignment to a vacant job if accommodations in your current role do not work. Your employer must look for real openings and cannot refuse to search. Reassignment is often the step employers skip, and that mistake creates strong FEHA liability.
When should I call a lawyer about a broken FEHA interactive process?
You should call a lawyer when your employer ignores your restrictions, delays meetings, rejects accommodations without explanation, pressures you to return full duty, or terminates you soon after you disclose your limitations. These events show that the FEHA interactive process is not happening. At that point, legal help becomes necessary.
Final Thoughts About California Employers’ Duty to Follow the FEHA Interactive Process
The FEHA interactive process exists for one reason: employers must work with you in good faith to keep you employed. When employers cut corners or ignore your restrictions, they violate the FEHA interactive process in California and expose themselves to real liability. These are not technical mistakes. They are signs of discrimination.
If you believe your employer avoided the process, handled it carelessly, or used it to push you out, trust your instincts. The sooner you get legal guidance, the easier it becomes to protect your rights and hold the employer accountable.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
