FEHA: California’s Gold-Standard Disability Protections
While most employers and employees know the federal Americans with Disabilities Act (ADA) by heart, California’s Fair Employment and Housing Act (FEHA) quietly outshines it in several ways. FEHA covers smaller employers (those with five or more employees), sweeps in more “disabilities,” and imposes more rigorous obligations on employers to accommodate and engage in an interactive process before any adverse action. Its implementing regulations—spanning California Code of Regulations, title 2, sections 11068–11074—are a hidden treasure trove of rules, examples, and definitions that distill decades of case law into a few pages.
Tip for employees (and their lawyers): you don’t need magic words. An informal comment like “I’m having trouble getting upstairs” can trigger your employer’s duty under 2 C.C.R. § 11068(a)(3) to engage in a conversation about potential accommodations.
1. You Don’t Have to “Ask for an Accommodation” in So Many Words
2 C.C.R. § 11068(a)(3) defines “accommodation” broadly and makes clear that an employee need only communicate a need for assistance in any manner. A request may be oral—or even “visible” to the employer. If your limp, cane, or speech difficulty plainly signals you need help getting work done, that triggers the interactive-process clock just as surely as a formal letter. Once on notice, the employer must promptly initiate a meeting to explore possible accommodations (2 C.C.R. § 11069(b)(1)).
Why this matters: many employees think they must submit a written “reasonable accommodation request.” FEHA says otherwise. Use whatever form of communication works—email, text, voicemail, or a chat with HR.
2. The Interactive Process: Your Highway to Solutions
Under FEHA, the interactive process is not a perfunctory checkbox. Regulations spell it out:
- 2 C.C.R. § 11069(a): The employer must “timely” engage in a good-faith, flexible dialogue.
- 2 C.C.R. § 11069(d): If either party refuses without justification, the refusing party bears the risk if no reasonable accommodation is provided.
- 2 C.C.R. § 11070(a): Offers examples—everything from modified schedules to equipment tweaks.
By contrast, the ADA’s guidance is far briefer. California’s regs are your roadmap to making sure employers don’t slip through loopholes.
3. FEHA vs. ADA: California’s Broader Coverage
- More disabilities recognized. FEHA’s list of impairments goes beyond the ADA’s “major life activities” test.
- Smaller employers included. FEHA applies to employers with only five staff, versus ADA’s 15-employee threshold.
- Stricter timelines. While ADA regs give employers 30 days “if practicable” to respond, FEHA requires a prompt process with no magic caps on delay.
If you meet FEHA’s definition of disability (2 C.C.R. § 11068(b)), you get these enhanced protections—whether or not you qualify under the ADA.
4. Disability Leave and the CFRA/FMLA “Bonus Round”
Most employees know that the federal Family and Medical Leave Act (FMLA) and California’s counterpart, the California Family Rights Act (CFRA), provide up to 12 weeks of job-protected leave for a serious health condition. But FEHA offers an extra innings:
- Extend Beyond CFRA/FMLA. Once your 12 weeks of CFRA/FMLA end, you can still be on disability leave under FEHA—without losing reinstatement rights—so long as you remain a “qualified individual” and can be accommodated without undue hardship. (Gov. Code § 12945.2(j).)
- No 1,250-Hour Minimum. CFRA/FMLA kick in only if you’ve worked 1,250 hours in the prior year; FEHA leave has no such hurdle. Even a part-time temp who’s been on the job for six months can qualify.
- Concurrent Runs. Time off can run concurrently—for example, a serious back condition may count against both your FMLA and FEHA leave totals. But once FMLA is exhausted, you still have FEHA left in the tank.
Pro Tip: Always alert HR that you believe you qualify for FEHA leave before CFRA expires. That way, you preserve your right to additional time off without risking abandonment of your job.
5. When Disability Discrimination Becomes Wrongful Termination
California law flatly prohibits firing, demoting, or penalizing anyone because of a disability or a need for accommodation. Under FEHA (Gov. Code §§ 12940(a)–(k)), wrongful-termination claims can be based on:
- Failure to accommodate,
- Failure to engage in the interactive process, or
- Disparate treatment (treating a disabled worker worse than similarly situated non-disabled employees).
Because FEHA’s regs provide detailed guidance on what constitutes a reasonable accommodation—and what counts as undue hardship—a plaintiff lawyer can often pin down violations with far less ambiguity than under the ADA.
6. Steps to Protect Your Rights
- Document every request—even a quick email or voicemail is better than nothing.
- Keep a journal of interactions, including dates, attendees, and proposed solutions.
- File a DFEH charge promptly—generally within three years of the discriminatory act; but don’t wait once the interactive process breaks down.
- Consult counsel early. An employment lawyer can spot regulatory traps and preserve your statutory deadlines.
7. Your Advocate in California Disability Cases
At Steven Rubin Law, we dive deep into the FEHA regs so you don’t have to. We map your journey from that first phone call—through leave extension strategies, interactive-process enforcement, and, when necessary, wrongful-termination litigation.
If you’ve been disciplined, sidelined, or let go because of your disability—or because you simply asked for a little help—let’s talk. California law gives you tools the rest of the country overlooks. Together, we’ll make sure your employer plays by the Golden State’s rules.
Contact us at StevenRubinLaw.com to schedule a no-obligation consultation—and unlock the full power of FEHA’s hidden treasures.