If you’re a business owner or HR professional in California, it’s critical to understand how to lawfully respond to accommodation requests from employees with disabilities. At Rupal Law, we often get calls after a mistake has already been made—and by then, employers are facing potential litigation. In this post, we break down the Top 5 Mistakes California Employers Make When Handling Disability Accommodation Requests, so you can avoid costly disability discrimination claims under the ADA and California’s FEHA.
Understanding Your Legal Obligations
In California, employers are required to comply with both the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). These laws require that employers:
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Provide reasonable accommodations to qualified employees with disabilities
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Engage in an interactive process to determine possible accommodations
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Avoid discrimination or retaliation in any form
FEHA is especially broad in California—it applies to businesses with as few as five employees and often requires more of employers than federal law.
Let’s look at the most common errors that put employers at risk.
Mistake #1: Ignoring or Delaying the Interactive Process
One of the biggest and most common missteps is failing to start the interactive process quickly. Once an employee discloses a disability or requests an accommodation, you are legally obligated to start a good-faith conversation.
Why it matters:
Delaying or ignoring the process is seen as a failure to accommodate and can lead to a disability discrimination claim, even if the accommodation would have been difficult to provide.
Best Practice:
Respond promptly, document all communication, and treat every request seriously—even if the employee doesn’t use the word “accommodation.”
Mistake #2: Not Documenting the Process or Decisions
Even if you do everything right, it won’t help you in court if you can’t prove it.
Why it matters:
Courts and agencies like the DFEH or EEOC will want to see evidence that you engaged in the interactive process and made efforts to accommodate the employee.
Best Practice:
Keep written records of all meetings, emails, and decisions made during the accommodation process. Include dates, participants, and outcomes. A paper trail can be your strongest defense.
Mistake #3: Automatically Denying a Request Without Exploring Alternatives
Some employers reject accommodation requests outright if they seem too difficult, costly, or inconvenient—without evaluating whether alternative accommodations are available.
Why it matters:
You’re required to explore all reasonable accommodations, not just the one the employee requested.
Best Practice:
If an accommodation isn’t possible, explain why (ideally in writing), and propose other options. A collaborative approach reduces liability and shows good-faith effort.
Mistake #4: Treating the Employee Differently After the Request
Even subtle changes in treatment after an accommodation request can appear retaliatory or discriminatory.
Why it matters:
Employees are protected not just from discrimination, but also from retaliation after asserting their rights.
Best Practice:
Continue treating the employee the same as others in terms of scheduling, assignments, and tone. Avoid any comments that suggest the accommodation is a burden.
Mistake #5: Not Training Managers and Supervisors
Often, frontline managers don’t understand the legal requirements and may mishandle or dismiss accommodation requests.
Why it matters:
Their missteps could become your legal liability.
Best Practice:
Train all managers and supervisors on ADA/FEHA obligations, including how to recognize and escalate potential accommodation requests. Having clear internal procedures is essential.
How to Avoid These Mistakes
To protect your business, here’s what California employers should always do:
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Respond quickly to accommodation requests
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Document the entire process thoroughly
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Explore and offer alternative accommodations where possible
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Train managers on disability accommodation protocols
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Treat employees fairly and avoid retaliation
When in doubt, consult a qualified employment law defense attorney before taking action.
Get Legal Guidance Before It’s Too Late
Disability discrimination claims in California are on the rise—and many of them stem from employers making avoidable mistakes during the accommodation process. At Rupal Law, we help employers across the state stay compliant, reduce risk, and resolve disputes before they escalate.
Call Rupal Law today at (951) 460-0830 to schedule a consultation and get guidance tailored to your business needs.
Our California disability discrimination defense lawyers represent employers throughout Los Angeles, the Inland Empire, Orange County, and businesses across Northern and Southern California. Let us help you protect your business before a complaint turns into a lawsuit.
