If you have a disability, California law gives you real protection at work. Specifically, your employer cannot discriminate against you because of a disability. In most cases, your employer must also work with you. Together, you find a reasonable accommodation. This process is known as the "interactive process." But what happens if your employer doesn't know about your disability? Recently, a California court case answered that exact question. Here's what it means for you.
Simply put, a reasonable accommodation is a change at work that helps an employee perform their job despite a disability, such as a modified work schedule, extra breaks, special equipment, a leave of absence, changes to job duties, or time off for medical appointments.
Your employer must consider these changes. IN order to do that, they may need to know more information about your disability and your need for help. For more detail, you can read the full list of protections on the California Civil Rights Department's Reasonable Accommodation page.
In short, the interactive process is a conversation. It happens between you and your employer. The goal is simple: figure out what accommodation could help. First, your employer should ask questions. Then, you should share what you need. Together, you look for a solution that works. Generally, this process starts one way. You tell your employer about your disability. Then you ask for help.
This is exactly where a recent case matters a lot.
In Husband v. Target Corporation, a California Court of Appeal looked at a tricky question. Specifically, can an employer be held responsible? Can they be blamed for not accommodating a disability the employee never disclosed?
Ultimately, the court said: usually, no.
Here's the rule the court set. Say you never tell your employer about your disability, and no one else tells them either. In that case, your employer can only be expected to know about it in one narrow situation. In other words, that situation is when your disability is the only reasonable explanation for what your employer observed.
The employee in this case had bipolar disorder. However, he never told Target about it.
At work, he had two incidents. First, he acted aggressively. Then, he made comments that didn't make sense. As a result, the employee argued that Target should have known. He believed his behavior should have tipped them off. Even so, the court disagreed. Aggressive behavior and irrational comments can have many causes, including lack of sleep, medication side effects, stress, personal issues, or other health conditions. Bipolar disorder was not the only possible explanation for what happened. As a result, the court ruled that Target could not reasonably be expected to know about the employee's disability. Therefore, Target won the case.
Overall, this ruling sends a clear message to employees. Don't assume your employer will figure it out on their own.
If your employer doesn't know about your disability, they generally aren't required to accommodate it. Furthermore, unusual behavior alone isn't enough to put your employer on notice. Instead, courts want a much clearer connection. They need a clear link between what your employer saw and what your disability actually is.
In practice, this means the responsibility often falls on you. You need to speak up.
If you have a disability and need support at work, here's how to protect yourself.
First, tell your employer directly. Don't assume they'll notice or guess. Instead, make a clear, direct request. That's what starts the process.
Next, put it in writing. For example, an email or written note creates a record. It also prevents confusion about what you asked for and when.
Also, be specific about what you need. You don't have to share every medical detail. However, be clear enough. Your employer needs to understand what kind of help would make a difference.
Then, follow up if you don't hear back. Say your employer doesn't respond or start the interactive process. Follow up in writing and keep a copy. If your employer still doesn't engage, we can help. Contact us for a free consultation and a discussion around next steps. In some very severe cases you are also able to file a complaint with the California Civil Rights Department.
Overall, California's definition of disability is broad. Specifically, it can include physical conditions, mental health conditions, and chronic illnesses. These illnesses just need to limit a major life activity.
Because of this, you don't need a rare or severe condition to qualify. So, does a medical condition affect your ability to work in some way? If so, it's worth asking a doctor or attorney whether you may be covered.
Do I have to tell my employer about my disability to get an accommodation?
In almost all cases, yes. Under this ruling, your employer generally isn't required to guess. Therefore, telling them directly protects your right to an accommodation.
What if my employer notices I'm struggling but I haven't said anything?
Based on this case, your employer usually isn't required to act. The exception is when your disability is the only reasonable explanation for what they're observing. In most situations, that's a high bar to meet.
Can I request an accommodation without sharing my full diagnosis?
Yes. Generally, you only need to share enough. Your employer just needs to understand your limitation and what might help. However, you aren't required to disclose every medical detail.
What should I do if I already told my employer and nothing happened?
First, follow up in writing. Then, ask for a specific timeline. If your employer still doesn't engage, consider reaching out to Neutral Ground Partners for assistance.
Overall, California law protects employees with disabilities. But that protection generally starts with a conversation.
So, if you need support at work, don't wait for your employer to notice. Instead, tell them directly. If you would like assistance in communicating your needs to your employer reach out for a free consultation. We can help you articulate your request in writing in a manner that is clear and easy to understand. In the end, speaking up early is the best way to protect your rights and get the support you need.