Short answer: California law protects a wide range of medical conditions and physical or mental disabilities, from anxiety all the way to a serious medical diagnosis. Once you give your employer medical documentation supporting your condition, your employer is required to engage you in a good faith interactive process and provide reasonable accommodation when possible, such as modified job duties or a changed schedule. Keep every communication with HR and management in writing, and pay attention to any shift in how you’re treated after you disclose. An employer that skips the interactive process may be facing a claim, and an employment attorney can help you understand your options.
Learning that you have a serious medical condition or disability can turn your world upside down. Many of the employees we talk with are surprised by this sudden change in their health or mental health, and almost immediately a second worry sets in: will I be able to keep my job? You should be able to focus on your health, yet the concern about your future employment is real. The law recognizes this, and you’re entitled to equal employment opportunities and the chance to remain employed. Understanding your rights gives you a clearer path forward during an already difficult time.
Which Conditions Are Protected Under California Law
California law protects a wide range of medical conditions and disabilities. Protected conditions can include anything from anxiety to a diagnosis of a serious medical condition. Because every situation is different, talking with an employment law attorney or your medical provider can help you understand your condition and whether you’re protected. The California Civil Rights Department is another great resource, where you can look up whether your particular situation and medical condition are covered.
Burnout deserves special attention here. Burnout is a very serious issue in employment, and we tend to see employees who suffer from burnout also experiencing physical or mental ailments such as anxiety, depression, sleepless nights, eating disorders, or physical exhaustion. Burnout crosses over into legally protected territory once it results in a physical or mental disability. When you start suffering mentally or physically, go to your doctor, explain what’s going on, and talk through what you’re experiencing with your medical provider. You may be protected under the law, particularly once you present this information to your employer and your employer refuses to engage you in an interactive process.
The Interactive Process and Reasonable Accommodation
Once your employer knows you have a medical condition or a physical or mental disability, your employer is required to engage you in an interactive process and determine whether reasonable accommodation is possible. Reasonable accommodations can take many forms, including modifications to your job duties or changes to your schedule. During this process, your employer should look at your job duties alongside your medical documentation and limitations, then genuinely assess whether you can be accommodated so you can keep performing the essential functions of your job.
“There’s this back and forth communication that needs to take place, and it needs to be done in good faith,” says attorney Nancyrose Hernandez. “And I hope that employees understand that they are protected under the law.”
Two points are commonly misunderstood. First, you do need medical documentation to support your condition. Documentation from your medical providers substantiating both your condition and your need for accommodation gives your employer the information required to assess what can be provided. Second, you don’t get to choose exactly which accommodation you receive. The process is a dialogue, and your employer assesses whether a requested accommodation can reasonably be provided. An employer that skips the interactive process altogether isn’t doing its due diligence to help you continue working, and that failure may give you a claim.
Subtle Signs of Disability Discrimination
Disability discrimination isn’t always obvious. One subtle sign is a shift in the employment relationship shortly after you report a medical condition or disability, or after you request a medical leave of absence. The dynamic changes, and the tone of communication feels different. You may suddenly be ignored, left out of meetings, or given a new schedule, or your employer may tell you they can’t accommodate you. Many employees describe a feeling that everything changed right after they disclosed their condition, and that feeling deserves your attention.
Why Documentation Makes the Difference
When you believe you’re experiencing disability discrimination, document everything. Use HR or report to management so your complaints are on record, and make clear that you’re requesting accommodation. The documentation that carries the most weight includes your medical records, statements from your medical providers supporting your condition and your need for accommodation, and all communications with HR.
One of the most common mistakes we see is employees handling these conversations over the phone with HR or management and never putting them in writing. Providing information to your employer in writing creates a paper trail showing that you reported your condition and how your employer responded.
“Employees should be very mindful of maintaining their paper trail and showing all the communications that are taking place, even if it’s a verbal conversation,” Hernandez explains. “Document that verbal conversation in a follow up email.”
A Client Story: Thirty Years of Loyalty
One case has stayed with our office. A longstanding employee had worked for his organization for approximately 30 years. He’d moved his way up the ladder, earned a high wage, loved his job, and was very good at his work. Over time, he developed ALS, a very serious medical condition that gradually showed up while he was employed. He was shocked by this development in his health and, like so many employees in his position, worried about keeping his job.
He requested a reasonable accommodation to work remotely, and at first his employer agreed. Remote work was a reasonable accommodation. He was able to do his job from home, and his employer knew this. A few months later, the relationship began to change. Other employees were likely complaining that his arrangement felt unfair. Communication slowly diminished, and signs of exclusion, isolation, and irritation followed. The employer became more demanding and decided remote work no longer suited the organization, pushing him to return to the workplace even though returning wasn’t safe for him and wasn’t recommended by his medical providers. Forcing him back was a subtle sign the employer was likely pushing him out.
Eventually, the employer claimed it couldn’t reasonably accommodate him, eliminated his position, and terminated him. Now well over the age of 40, this loyal employee of 30 years still hasn’t found other work, likely because of his medical condition and his age.
Cases like this one show why the interactive process carries so much weight, especially for longstanding employees. As Hernandez puts it, a good faith process should help employees “continue working and ultimately choose when to retire as opposed to being forced out or terminated.”
Disclaimer
This content is for informational purposes only and does not constitute legal advice. Every situation is different. Consult with a qualified employment law attorney to discuss the details of your case.
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