Disability Discrimination

California gives workers with disabilities some of the strongest protections in the country. If your employer fired you, demoted you, or refused to work with you after you disclosed a medical condition, injury, or mental health diagnosis, a disability discrimination lawyer can help you hold it accountable.

Smith Trial Group represents employees across Orange County and Southern California in disability discrimination, failure-to-accommodate, and wrongful termination cases. Our results include a $1.5 million jury verdict in a disability discrimination and wrongful termination case. Consultations are free, and we work on contingency.

On this page: Who is protected · Reasonable accommodation · Common violations · What you can recover · FAQ

Who Is Protected?

The California Fair Employment and Housing Act (FEHA) protects employees of employers with five or more workers. FEHA defines disability more broadly than the federal ADA: a condition only has to limit a major life activity, not “substantially” limit it. Protection covers:

• Physical disabilities, including chronic conditions, injuries, and conditions that come and go
• Mental and psychological conditions, such as depression, anxiety, PTSD, and ADHD
• Medical conditions, including cancer and cancer history, and genetic characteristics
• Perceived disabilities, where your employer believes you are disabled
• Association with someone who has a disability, such as a child or spouse you care for

A workplace injury can also qualify. An employee on workers’ compensation still has full FEHA protection against discrimination and retaliation.

Your Right to a Reasonable Accommodation

California employers must do more than avoid discrimination. They must reasonably accommodate a known disability and engage in a timely, good-faith interactive process with the employee to find one. Each of those is a separate legal obligation. An employer can be liable for failing the interactive process even if it later claims no accommodation was possible.

Common accommodations include:

• A leave of absence for treatment or recovery, including extended leave
• A modified schedule, part-time work, or remote work
• Modified duties, equipment, or workstation changes
• Reassignment to an open position you are qualified for

An employer can refuse only if the accommodation would cause an “undue hardship,” which is a high bar for most businesses.

Common Violations We See

• Firing an employee during or right after a medical leave
• Requiring an employee to be “100% healed” before returning to work
• Ignoring an accommodation request, or meeting once and never following up
• Replacing an employee while they are out on approved leave
• Writing up an employee for performance issues caused by an unaccommodated condition
• Comments about an employee being a “liability” or “too much trouble”

What a Disability Discrimination Lawyer Can Recover for You

Disability discrimination claims can support recovery of lost wages and benefits, future lost earnings, emotional distress damages, and in serious cases punitive damages. FEHA also requires an employer to pay the employee’s attorney’s fees when the employee wins, which is why these cases can be brought on contingency.

FEHA claims generally must be filed with the California Civil Rights Department within three years, but evidence fades quickly, so it is best to act early. See also medical leave rights, wrongful termination, and retaliation.

Helpful resources: California Civil Rights Department · EEOC: Disability Discrimination

Frequently Asked Questions

Do I have to tell my employer my diagnosis?

Generally, no. You need to give enough information for your employer to know you have a condition that requires accommodation, often through a doctor’s note describing your restrictions. Your employer is not entitled to your full medical history.

My employer says my job requires someone who is 100% healthy. Is that legal?

“100% healed” policies are generally unlawful in California because they skip the individualized assessment and interactive process the law requires.

Can I be fired while on medical leave?

An employer cannot fire you because of your leave or your disability. Termination during leave is one of the most common fact patterns in our cases.

Related guides: Can I be fired for taking medical leave? · How long do I have to sue my employer?