Reporting a disability to your employer in California can raise questions about notice and reasonable accommodation. This guide explains apparent and non-apparent disabilities and the steps for notifying your employer.
Whether you need to report a disability to your employer depends on whether your disability is apparent or non-apparent. This distinction helps explain your rights and responsibilities.
Reporting Apparent Disabilities
An apparent disability is readily observable, often by sight or hearing. An employer may already be aware of the disability, but whether it also knows that an accommodation is needed depends on the circumstances. Common examples of apparent disabilities may include:
- Mobility impairments that require the use of a wheelchair or mobility aid.
- Visible disfigurements resulting from a medical condition.
- Severe hearing or visual impairments that are immediately noticeable.
Reporting Non-Apparent Disabilities
Non-apparent disabilities, on the other hand, are not immediately evident upon observation. These disabilities may involve conditions that affect an individual’s internal systems, mental health, or other aspects that are not externally visible.
Examples of non-apparent disabilities can include:
- Chronic pain conditions including back or joint pain.
- Mental health disorders, such as anxiety, depression, or post-traumatic stress disorder.
- Certain medical conditions like diabetes, epilepsy, or Crohn’s disease.
In cases of non-apparent disabilities, employees should disclose their condition to their employer and request reasonable accommodation when needed. The burden for non-apparent disabilities falls on the employee to initiate the conversation about their disability and accommodation needs. For more on that discussion, see our guide to the FEHA interactive process.
How to Report a Disability to Your Employer
- Communicate your disability to someone with a duty to report the disability to the company’s management including Human Resources.
- Follow the company’s notification procedures.
Note: If an employer does not know about your disability, the employer can use “lack of knowledge” as a defense against disability discrimination.
Employer Knowledge of an Apparent Disability
Employees with Apparent Disabilities
When an employee has an apparent disability, the employer may know of the disability through observation even if the employee has not expressly disclosed it. Whether the employer has sufficient knowledge depends on the facts. An employer that becomes aware of a possible need for accommodation must offer to begin a timely, good-faith interactive process to identify an effective reasonable accommodation.
Discrimination based on a disability is prohibited. Employers covered by California’s Fair Employment and Housing Act must provide reasonable accommodation for a known disability unless doing so would cause undue hardship. A formal request is not always required to begin the interactive process. Even when a disability is apparent, employees should explain any workplace limitations and accommodation needs so the employer can address them.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
