Disabilities and Accessibility

Employers are obligated to consider people with disabilities for employment on an equal basis and to prevent discrimination against them. This chapter includes information on required postings, harassment and retaliation protections, Americans with Disabilities Act (ADA) enforcement and remedies for discrimination, and employer obligations to consider qualified disabled individuals for employment and advancement.

Please note that the Department of Fair Employment and Housing (DFEH) recently changed its name to the Civil Rights Department (CRD), and the Fair Employment and Housing Council (FEHC) is now the Civil Rights Council (CRC). CalChamber is currently reviewing all of our content and will make changes accordingly.

Laws Protecting Employees With DisabilitiesLaws Protecting Employees With Disabilities
Four state and federal laws protect employees with disabilities from discrimination: The ADA; the Americans with Disabilities Act Amendments Act of 2008; the Rehabilitation Act of 1973; and the Fair Employment and Housing Act (FEHA).

Disability DefinitionsDisability Definitions
Review this section to familiarize yourself with your obligations under federal and state disability law.

Reasonable Accommodation of DisabilitiesReasonable Accommodation of Disabilities
State and federal disability laws require covered employers who know of an individual's disability to reasonably accommodate that disability, unless the employer can demonstrate that the accommodation would impose an undue hardship.

Documentation of DisabilityDocumentation of Disability
When a disability or the need for an accommodation isn’t known or obvious, you can ask an employee for reasonable documentation about that individual’s disability and its functional limitations that require reasonable accommodation.

When Medical Exams and Inquiries Are PermittedWhen Medical Exams and Inquiries Are Permitted
Disability discrimination laws restrict your right to require medical exams or ask applicants and employees about disabilities.

Disability Claim, Enforcement and PenaltiesDisability Claim, Enforcement and Penalties
In addition to disability discrimination claims, individuals can bring claims for failure to accommodate, harassment, retaliation and intimidation under the ADA. This section provides some court cases to illustrate the different claims.

Disability LeaveDisability Leave
State and federal disability laws require covered employers to reasonably accommodate the disability of any individual if the employer knows of the disability unless the employer can demonstrate that the accommodation would impose an undue hardship.

Accessibility ResourcesAccessibility Resources
If your business or property is open to the public, it must meet certain accessibility standards created by federal and state law for people with disabilities.