.svg)
California’s Fair Employment and Housing Act (FEHA), Gov. Code §12900 et seq., applies to employers with five or more employees for discrimination and accommodation claims, and to employers of every size for harassment. Coverage extends to full-time, part-time, seasonal and temporary employees, to applicants, and to out-of-state workers where the employer has California operations.
Since January 1, 2025 (SB 1137), FEHA expressly protects against discrimination based on any combination of protected characteristics, not only each one in isolation.
“Disability” is defined more broadly than under the ADA: a physical or mental condition that limits (not “substantially limits”) a major life activity, including working, with no requirement to consider mitigating measures. Pregnancy, childbirth, and related medical conditions are separately protected under Gov. Code §12945, and since January 1, 2024 (AB 2188) an employer may not discriminate based on off-duty cannabis use or a drug test detecting only non-psychoactive cannabis metabolites.
Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. Examples include modified work schedules, leave, ergonomic workstations, screen readers, and job restructuring. Leave as an accommodation has no fixed cap: courts have held that additional leave beyond a statutory entitlement may be required where it would allow the employee to return.
For pregnancy, three distinct rights apply to employers with five or more employees:
PDL runs separately from, and in addition to, leave under the California Family Rights Act (CFRA), which itself covers employers with five or more employees.
California imposes affirmative notice duties with unusual teeth. Under 2 CCR §11049, every covered employer must give employees reasonable advance notice of their FEHA rights regarding pregnancy — the right to accommodation, transfer and PDL, the employee’s own advance-notice obligations, and any medical certification the employer will require.
The notice must be posted conspicuously (electronic posting suffices), and any employer with a handbook must include it. The consequence for missing this is direct: an employer that fails to give advance notice is barred from taking any adverse action, including denying an accommodation or leave, on the ground that the employee failed to give adequate advance notice. The Civil Rights Department publishes the required poster.
On documentation, employers may require medical certification of the need for pregnancy accommodation, transfer or leave, but only if that requirement was disclosed in the advance notice. For disability accommodation generally, an employer may request only the documentation needed to confirm the disability and the need, and only where neither is obvious. Employees are asked to give 30 days’ notice of foreseeable pregnancy leave where possible, or notice as soon as practicable otherwise.
FEHA makes the interactive process a freestanding duty: under Gov. Code §12940(n), failing to engage in a timely, good-faith interactive process is an independent violation, separate from any failure to accommodate. Requests may be made verbally or in writing, and the duty is triggered when the employer becomes aware of a possible need, whether or not a formal request is made. There is no statutory response deadline, but delay is itself actionable.
Automated decision systems. Since October 1, 2025, Civil Rights Council regulations govern any automated decision system (ADS) used in hiring, promotion or other employment decisions, for all FEHA-covered employers with no size exemption.
The rules require notice before an ADS is used and after any adverse decision it influences, an evaluation for discriminatory effect, and retention of ADS-related data, selection criteria and decision records for four years. An ADS that elicits information about a disability — including through tests, questions or puzzle-style games — may constitute an unlawful medical inquiry, and using an ADS alone does not satisfy the individualized assessment the law requires.
Complaints are filed with the California Civil Rights Department (CRD) within three years of the alleged violation; after a right-to-sue notice, a civil action must be filed within one year. There are no caps on compensatory or punitive damages under FEHA, and prevailing employees recover attorney fees. Remedies also include reinstatement, back pay, and injunctive relief.
Because the interactive-process failure and the notice failure are each independent violations, liability can attach even where a suitable accommodation would have been unavailable.
Managing accommodation requests under FEHA can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
Disclo centralizes every case in one dashboard:
Ready to streamline your California accommodation workflow? Request a demo today.
This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
