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Posted on May 19, 2025 | By Omid Nosrati | Discrimination
Understanding the legal boundaries of employer requests regarding workplace accommodation and disability rights processes presents significant complexity. A common question arises, “Is it within legal bounds for employers in California to require proof of disability from their employees?”
Employees maintain their right to keep medical information private, but employers can demand documentation from their employees when accommodations need to be provided. The Fair Employment and Housing Act (FEHA), along with the federal Americans with Disabilities Act (ADA), sets forth guidelines concerning these issues. California’s disability and paid family leave programs provide financial support to more than 18 million workers and families.
Employers do not have the right to ask prospective hires about disabilities. If an employer does ask you about a disability during the hiring process, he or she has infringed upon your rights under the ADA. You may be able to file a claim against the company. The employer cannot ask you about disabilities at any point during hiring procedures. The only time an employer can ask about disabilities is after you receive a job offer. Even then, the employer may only ask questions about it to provide reasonable accommodations.
The law has strict rules regarding if, when and how an employer can ask an employee about a disability. The employer does not have the right to ask about a disability if the goal is to include it in the hiring decision. An employer may ask if you can perform the essential functions of the job, with or without accommodations, but it is against the law to directly ask if you have any disabilities. Instead, it is up to you, the employee, whether or not to give this information.
As an employee, it may be in your best interest to disclose a disability to better perform your job. If you are hard of hearing, for example, disclosing this disability could lead to accommodations such as captions on workplace presentations or a special headset for communicating with customers. Keep in mind, however, that your employer cannot retaliate or discriminate against you upon learning of your disability.
If you have additional questions regarding a possible discrimination case, call one of our Los Angeles disability discrimination attorneys, we offer free consultations and a free case evaluation.
You typically will not need to supply proof of a disability to an employer in California. If you have an obvious disability, most employers will accommodate your needs without requiring further documentation. The only time you may need to bring in medical documentation to support your disability is if you are requesting reasonable accommodations and if the employer does not think your disabilities are obvious.
If you suffer from post-traumatic stress disorder after a bad accident, for example, you may not show any physical signs of your disability and you may need to show proof. Requesting workplace accommodations, therefore, may result in your employer requesting medical documentation of your condition. You are under no obligation to provide any information or documentation beyond what is necessary to prove you need the disability accommodation.
An employer that requests medical documentation before providing accommodations has the right to turn down the request. Employers cannot, however, deny reasonable accommodations for proven or obvious disabilities. Employers also cannot retaliate against you for asking for disability accommodations. Retaliation can involve harassment, mean jokes, discrimination, demotion or wrongful termination. Failing to hire you because of your disability is against the law if you can perform the essential tasks of the job with or without reasonable accommodation.
Employers can legally inquire about medical information only in specific situations, like after extending a conditional job offer or when an employee seeks workplace accommodations. Even then, employers must follow specific guidelines. Employers must ask questions that relate directly to the job and serve essential business functions.
An employer can request medical documentation that confirms an employee’s chronic illness and the required work schedule modifications. Employers cannot ask for full medical histories through broad inquiries or demands. Work-related functional limitations require disclosure, while employees have no obligation to reveal their diagnoses. Employers who break these rules may find themselves at risk of legal liability under FEHA or the ADA.
The law mandates that employers maintain strict confidentiality for any medical or disability-related employee information. Both California and federal law mandate that employee disability-related medical documentation and discussions remain in a distinct file separate from regular personnel records. The information may only be disclosed to persons who require it to organize accommodations, respond to legal inquiries, and maintain workplace safety.
Sharing personal information without authorization may constitute a privacy breach and can lead to legal action against the disclosing party. You could be eligible to pursue legal action against your employer if you think your confidentiality rights have been violated.
Upon receiving a disability disclosure or accommodation request from an employee, employers are required to participate in a collaborative dialogue to identify reasonable solutions. The conversation between the employer and employee focuses on identifying reasonable workplace accommodations that do not create undue hardship for the company. Failing to address or follow up on a request constitutes a violation of California’s Fair Employment and Housing Act.
Employers must engage with employees to find solutions, such as task modifications or schedule adaptations. Employers who delay or refuse to participate in the interactive process face potential liability for disability discrimination. It is crucial to record these discussions because they become essential when a claim needs to be filed.
Employers must accommodate qualified employees with disabilities through reasonable measures, but are not required to make adjustments that impose excessive difficulty or expense. According to California law, undue hardship refers to substantial difficulty or expense when compared to the business’s size, resources, or organizational structure.
Employers need to provide evidence that the disability accommodation creates substantial difficulty beyond mere inconvenience. The majority of standard workplace accommodations, such as modified work schedules or basic equipment adjustments, do not usually qualify as undue hardships for employers.
Employers must present documented proof of their attempts to identify alternative solutions when they assert this defense. Judicial bodies frequently examine these claims with great attention to avoid any misuse or evasion.
If you believe an employer has disregarded your rights as an American with disabilities, you could have a case against the company. Filing a civil employment claim for disability discrimination could result in compensation for your lost wages, lost earning capacity, lost job opportunities and emotional distress. A claim could hold the employer responsible for its actions and help prevent similar issues with other employees with disabilities in the future. An employment lawyer in Los Angeles can help you bring your claim.
Yes, but only under limited circumstances. Your employer can ask for medical documentation when you request reasonable accommodations for a disability that others cannot easily see.
The submitted medical information should focus solely on your job performance capabilities and exclude complete medical records. Employers must not use this documentation to discriminate against or take retaliatory actions against employees. Medical information must be kept separate from personnel files while maintaining confidentiality.
Employers are prohibited from asking disability-related questions during the interview or hiring process. Employers who work under California and federal law are restricted to questioning candidates about their ability to perform job-required tasks, regardless of accommodations.
Employers must not ask candidates about their medical history or physical and mental health conditions. These legal protections require employers to make hiring decisions based on candidates’ qualifications rather than their health conditions, except after extending a conditional job offer.
A legal obligation to disclose your disability does not exist unless you need reasonable accommodations. Employees decide on their own when to disclose health information, which remains private unless it impacts their task performance capabilities. Accessing accommodations under the ADA or California’s FEHA requires disclosure and documentation to initiate the interactive process with your employer.
The employer must demonstrate that the requested accommodation results in undue hardship or lacks reasonableness if they decline your request. The employer must participate in a collaborative negotiation process with the intention of finding different solutions.
Your rights may be violated if your employer fails to provide any process of evaluation or issues an unwarranted denial. When facing such circumstances, document everything and seek guidance from a California employment lawyer to evaluate your legal choices.
Employees with disabilities need to comprehend their legal rights to safeguard themselves at work. California employers may request limited documentation under certain conditions, but must adhere to strict legal guidelines when they do so. Both state and federal laws forbid discrimination and retaliation against employees, as well as inappropriate medical questions from employers.
You could have a legal basis to take action if your employer has requested improper disability verification or has denied you necessary accommodations without valid reasons. Nosratilaw, A Professional Law Corporation, stands as a protector for employees who have faced discrimination based on disability through our committed advocacy work. Reach out to our team now for a consultation to receive essential guidance that can protect your rights.
