Legal Information: California

Workplace Protections

April 2, 2020

Do I need to provide my employer with any written proof (documentation) if I request a reasonable accommodation?

Your employer can request certain documentation from you when you request a reasonable accommodation. Your employer may request that you provide a written statement signed by you or someone acting on your behalf that certifies that the accommodation you are requesting is allowed under this law.1 Your employer can also request that you provide certification showing that you are a victim of domestic violence, sexual assault, or stalking.2 If asked for documentation, here are some of the types of documents that you can give your employer:

  • a police report showing that you were a victim of domestic violence, sexual assault, or stalking;
  • a court order protecting or separating you from the abuser or other evidence from the court or prosecuting attorney that you appeared in court;
  • documentation from a licensed medical professional, domestic violence counselor, counselor for victims of sexual assault, victim advocate, health care provider, or counselor that you were undergoing treatment or receiving services for physical or mental injuries or abuse due to the crime or abuse; or
  • any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by you or by someone acting on your behalf certifying that the absence is for a permitted purpose under this law.3

Your employer can also ask you to re-certify your status as a victim of domestic violence, sexual assault, stalking, or ongoing circumstances related to the crime or abuse every six months after the date of your last certification.4 Your employer must keep any verbal or written statement, police or court record, or other documentation that you give him/her to certify your status as a victim of a crime or abuse confidential. Your employer must give you notice before disclosing your documentation for any valid reason.5

1 Cal.Labor Code § 230(f)(7)(A)
2 Cal.Labor Code § 230(f)(7)(B)
3 Cal.Labor Code § 230(d)(2)
4 Cal.Labor Code § 230(f)(7)(C)
5 Cal.Labor Code § 230(f)(7)(D)

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