Avoiding Liability: Why Accommodations for Medical and Religious Needs Are Non-Negotiable in California
In California, failing to provide reasonable accommodations for medical conditions or religious practices isn’t just bad management —it’s a legal liability waiting to happen.
Medical Accommodations: The Legal Requirement
When an employee discloses a physical or mental disability, employers must engage in a timely, good-faith interactive process to determine what accommodations are possible. Ignoring or mishandling this process often results in claims of discrimination or failure to accommodate—two of the most commonly litigated employment issues in California.
Common liability triggers include:
- Dismissing a request without discussion
- Failing to document the interactive process
- Refusing a medical leave that could qualify under FEHA
Religious Accommodations: Often Overlooked, Frequently Litigated
Religious accommodation requests—like modified schedules, prayer breaks, or dress code exceptions—must also be taken seriously. Denials must be based on actual, documented undue hardship, not assumptions or inconvenience. Courts have made clear: vague disruptions to workflow or morale aren’t enough.
The Risk Is Real
- Litigation is expensive. Even small businesses can face six-figure liability for a single claim.
- Settlements and attorney fees add up fast—and they’re often not covered by insurance.
- Retaliation claims often accompany accommodation cases, doubling your risk exposure.
Bottom Line
Accommodations aren’t optional in California—they’re a legal obligation. Treating them casually or inconsistently exposes your business to serious liability. The safest approach? Take every request seriously, follow the process, and seek guidance when needed.
SDEA has two great options for employers, HR professionals, and those responsible for leaves and accommodations. We have a roundtable scheduled for August 21, Accommodations in the Workplace: Understanding Your Obligations REGISTER HERE and a NEW three-day, in-depth, training that follows the life-cycle of leaves of absences and accommodations, Mastering Leave & Accommodation Compliance in California, starting August 26, REGISTER HERE.
