FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS

SECTION 1: FUNDAMENTALS & ROLES

Q: What is my primary role as a Department's Disability Coordinator (DC)?

A: As a Disability Coordinator, you are the neutral facilitator of the interactive process for your department. Your role is to receive accommodation notices, coordinate dialogue between employees and supervisors, maintain confidential records, and ensure your department fulfills its legal obligations under FEHA, the ADA, the PWFA, and the PUMP Act promptly and in good faith.

Q: Is the Reasonable Accommodation process optional if a department is short-staffed or busy?

A: No. Engaging in the interactive process and providing reasonable accommodations are mandatory legal duties. Ignoring a request, delaying response times, or refusing to hold interactive meetings creates immediate legal liability for your department and the City under California FEHA (Gov. Code § 12940(n)).

Q: What counts as a "request" for accommodation?

A: Any notice - verbal or written - from an employee, candidate, or applicant stating that they need a workplace modification due to a health condition, pregnancy, lactation need, religious practice, gender transition, safety concern, or personal limitation counts as a legal request. An employee does not need to say "reasonable accommodation" or cite the law. A simple statement like, "My back hurts and I can't stand for more than 20 minutes," or "I need a private space to express milk," instantly triggers the legal duty to start the 5-phase interactive process.

SECTION 2: MEDICAL CONFIDENTIALITY & DOCUMENTATION RULES

Q: Can I ask the employee for their underlying medical diagnosis or complete medical records?

A: NO. Under California FEHA and CRD guidelines, requesting an employee’s diagnosis, underlying medical history, or clinical chart notes is illegal. You may only request documentation from a treating healthcare provider that outlines their functional work restrictions and expected duration (e.g., "Employee cannot lift objects over 15 lbs until October 1st").

PWFA & Lactation Exemption: Medical notes are prohibited for standard lactation space/break requests or routine pregnancy accommodations (carrying water, extra restroom breaks, or seating/standing adjustments).

Q: Who is allowed to see the employee’s medical notes or work restrictions?

A: Medical information is strictly confidential. Only the Disability Coordinator and designated Human Resources/Personnel staff may view medical notes. Supervisors are only provided with the employee's functional work restrictions and necessary workplace adjustments- they are never given access to medical notes or details regarding the underlying condition.

Q: Where do I store accommodation files?

A: All reasonable accommodation intake logs, interactive notes, RAAF forms, and medical documentation must be stored in separate, confidential files (encrypted digital records or locked physical cabinets). They must never be placed inside an employee's general personnel file.

SECTION 3: NAVIGATING COMPLEX SCENARIOS

Q: What if an employee requests an accommodation, but the supervisor says it’s impossible for their team?

A: Front-line supervisors do not have the legal authority to unilaterally deny an accommodation. As the Disability Coordinator, you must guide the supervisor through the Position Analysis (Step 2) and Interactive Meeting (Step 3) to evaluate whether the barrier involves an essential job function or merely a non-essential duty or workplace habit. Department preference, status quo, or "that's not how we've always done it" do not constitute legal grounds to deny an accommodation.

Q: Can an accommodation result in forced leave (including SK) or a pay reduction?

A: No. Requiring an employee to use accrued vacation or sick leave instead of providing an available workplace accommodation is prohibited. Similarly, transferring an employee to a lower-paying classification when an accommodation is possible in their current role constitutes an illegal adverse action. Reassignment to a lower class or placement on medical leave are measures of last resort.

Q: What happens if an accommodation cannot be made in the employee's current role?

A: Under California FEHA, if an employee cannot perform the essential functions of their current role even with accommodations, the department has an affirmative legal duty to evaluate non-competitive reassignment to an open, vacant position within the department for which the employee meets minimum qualifications. If no departmental vacancy exists, the case must be referred to the Personnel Department’s Citywide Placement Officer.

Q: What is "Undue Hardship," and can a department deny an accommodation based on its budget?

A: "Undue hardship" is defined under California law as an action requiring significant difficulty or expense when evaluated against the overall financial resources of the entire employer—the City of Los Angeles as a whole, not just an individual department budget. Proving financial undue hardship for a public entity of this size is an exceptionally high legal bar. Please consult the Personnel Department and/or the Office of the City Attorney prior to denying a reasonable accommodation on the grounds of undue hardship.

Q: Can an employee or supervisor face liability for retaliation?

A: Yes. Retaliation against any individual for requesting an accommodation, expressing a need, or participating in the interactive process is strictly prohibited by law and City policy. Illegal retaliation includes lowering performance evaluations, removing favorable duty assignments, reassigning shifts punitively, or exhibiting hostility following a request.