Disability Discrimination in California
At Feher Law, our California disability discrimination lawyers understand that employers treat qualified workers unfairly because of physical or mental impairments. California law protects employees from discriminatory hiring, firing, harassment, denial of accommodations, and unequal treatment.
We help victims recover compensation and hold employers accountable for violating state and federal disability rights laws.
Our bilingual team has successfully recovered over $100 million for clients. We understand that discrimination doesn’t just affect your paycheck—it impacts your dignity, mental health, and future career opportunities. We’ll fight to protect your rights under both the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).
Contact our Huntington Beach discrimination lawyer for a free consultation.
How We Help Disability Discrimination Victims
We provide comprehensive legal representation for California employees facing disability discrimination. Our approach combines aggressive advocacy with compassionate client care, treating each case as an extension of our family.
Our legal team will investigate your employer’s conduct, gather evidence of discrimination, and build a compelling case for maximum compensation. We handle every aspect of your claim, from filing complaints with the California Civil Rights Department to representing you in court if necessary.
💡 We work on contingency, meaning you pay nothing unless we win your case. Our fees are 33% before litigation, 40-45% during litigation, and 45-50% if your case goes to trial. This structure ensures quality legal representation remains accessible regardless of your financial situation.
Our team includes former insurance company lawyers who understand how employers and their insurers defend these cases—and how to defeat their tactics. We’ll use this insider knowledge to position your case for the best possible outcome.
What Qualifies as Disability Under California Law
California defines disability more broadly than federal law. A disability includes any physical or mental condition that limits a major life activity, such as working, walking, seeing, hearing, learning, or caring for oneself, and does not need to be permanent or severe.
The California Fair Employment and Housing Act protects employees with current disabilities, a history of disability, or those perceived as disabled, even without a formal diagnosis. Protection also extends to employees who experience discrimination because of their association with a disabled individual, such as a parent caring for a child with special needs.
California’s definition encompasses many conditions people may not realize qualify as disabilities. Mental health conditions like anxiety, depression, and PTSD are protected, as are physical conditions such as arthritis, diabetes, irritable bowel syndrome, chronic pain, and episodic conditions. Serious medical diagnoses, including cancer, HIV/AIDS, lupus, and multiple sclerosis, clearly fall within these protections.
Unlike federal ADA requirements, California law applies to employers with five or more employees, compared to the ADA’s 15-employee threshold. This means California provides broader disability protections, particularly for workers employed by smaller businesses.
Our Torrance discrimination lawyer is ready to evaluate your case today.
Common Examples of Disability Discrimination
Disability discrimination takes many forms in California workplaces. Recognizing illegal discrimination helps protect your rights.
- Wrongful termination: Employers fire workers because of their disabilities, including terminating employees who request medical leave, disclose health conditions, or need workplace accommodations. According to EEOC data for California, disability discrimination charges represented 30.4% of all state discrimination charges in fiscal year 2022.
- Failure to accommodate: Employers refuse reasonable modifications that would help disabled employees perform their jobs. Reasonable accommodations might include modified work schedules, ergonomic equipment, assistive technology, remote work options, or adjusted break schedules.
- Harassment and hostile work environment: Coworkers or supervisors make cruel jokes, offensive comments, or mock employees about their disabilities. This creates an intimidating workplace that interferes with job performance and violates California law.
- Denied opportunities: Qualified candidates don’t get hired, promoted, or receive training because of their disabilities. This includes passing over employees for advancement after they disclose medical conditions.
- Unequal pay and benefits: Disabled employees receive lower compensation or fewer benefits than similarly qualified coworkers without disabilities.
📌 Additional reading: can you be fired while on disability in California
💡 Hypothetical Scenario: An accounting clerk develops carpal tunnel syndrome and requests an ergonomic keyboard and wrist rest. Her manager refuses, claiming “everyone uses the same equipment.” Within weeks, her condition worsens, and she’s placed on a performance improvement plan for decreased productivity. This refusal to accommodate could constitute disability discrimination.
Your Rights to Reasonable Accommodations
California law requires employers to provide reasonable accommodations unless doing so creates undue hardship. Reasonable accommodations are modifications or adjustments that enable disabled employees to perform essential job functions.
The interactive process is a good-faith dialogue between employers and employees to identify effective accommodations. When you request an accommodation, your employer must engage in this process, discuss your needs, and explore possible solutions.
Refusing to participate in the interactive process violates California law, even if the employer claims no accommodation exists.
| Accommodation Type | Examples | When Appropriate |
| Schedule Modifications | Flexible hours, part-time work, modified break schedules | Chronic pain, medical appointments, fatigue conditions |
| Workplace Adjustments | Ergonomic furniture, adjustable lighting, noise reduction | Physical disabilities, sensory sensitivities, chronic conditions |
| Technology & Equipment | Screen readers, voice recognition software, and assistive devices | Vision impairments, mobility limitations, repetitive strain injuries |
| Leave & Time Off | Medical leave, intermittent FMLA, extended recovery time | Surgery recovery, mental health treatment, and ongoing medical care |
| Job Restructuring | Reassignment of non-essential duties, modified responsibilities | Physical limitations, cognitive challenges, and temporary restrictions |
Employers may request medical certification documenting your need for accommodation. However, they cannot ask invasive questions about your diagnosis, medical history, or treatment details. Medical inquiries must focus specifically on your functional limitations and how accommodations would address them.
⚠️ Your employer cannot retaliate against you for requesting accommodations. Retaliation includes demotion, discipline, reduced hours, poor performance reviews, or termination following an accommodation request. Such actions may create separate claims for retaliation in addition to disability discrimination.
Studies show that most workplace modifications cost little or nothing to implement. Our legal team will help you identify which accommodations apply to your situation and ensure your employer fulfills their legal obligations.
Learn more about your rights by speaking with our discrimination lawyers in California.
The Interactive Process Explained
The interactive process is a mandatory conversation between you and your employer to identify reasonable accommodations. This process begins when either you or your employer becomes aware that a disability may require workplace modifications.
You initiate the process by informing your employer that you have a medical condition requiring accommodation. Your request doesn’t need formal language—simply communicating that your health condition affects your ability to work triggers your employer’s duty to engage. Many employees make requests verbally, through email, or via human resources.
📌 Your employer must respond promptly and participate in good faith. This means scheduling meetings, discussing your limitations, exploring accommodation options, and implementing feasible solutions. Employers cannot delay indefinitely, refuse to meet, or dismiss requests without investigation.
During interactive process meetings, be prepared to discuss your specific limitations and how they affect essential job functions. You don’t need to disclose your complete medical history. Focus on functional restrictions: “I need frequent bathroom breaks” rather than detailed medical diagnoses.
💡 Hypothetical Scenario: A warehouse supervisor develops severe migraines requiring medication that causes drowsiness. She requests transferring to day shifts when medication effects are minimal. The employer refuses to discuss alternatives, claiming “all supervisors work rotating shifts.” This refusal to engage in the interactive process violates California law, regardless of whether the accommodation is ultimately possible.
We’ll guide you through each step of the interactive process, help you document every interaction, and hold your employer accountable if they fail to participate in good faith. Our team knows when employers are stalling or acting in bad faith, and we’ll take immediate action to protect your rights.
Protected Disabilities Under FEHA
California’s Fair Employment and Housing Act protects an expansive range of physical and mental conditions. Knowing which conditions qualify helps you recognize when you’re entitled to legal protections.
- Physical disabilities: Mobility impairments, chronic pain conditions, respiratory diseases, digestive disorders, autoimmune conditions, cancer, diabetes, heart conditions, and sensory impairments affecting vision or hearing.
- Mental health conditions: Depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and other psychiatric conditions qualify as disabilities when they limit major life activities. These receive equal protection under California law.
- Temporary disabilities: Short-term conditions following surgery, injuries, or acute illness episodes can constitute disabilities if they substantially limit major life activities during the impairment period. Protection depends on severity and duration.
- Perceived disabilities: If your employer treats you as disabled—believing you have a condition that limits your abilities—you’re protected from discrimination based on that perception. You don’t need an actual disability for protection.
- History of disability: Cancer survivors, individuals with previous mental health episodes, or workers with prior injuries cannot face discrimination based on their medical histories. Employees with past conditions currently in remission or resolved receive full protection.
California law also protects employees who associate with disabled individuals. If you’re a caregiver for a disabled family member, your employer cannot discriminate against you because of that relationship. This includes parents of children with disabilities, adults caring for elderly parents, or partners supporting disabled spouses.
How to Prove Disability Discrimination
Proving disability discrimination requires demonstrating that your employer’s adverse actions resulted from your disability rather than legitimate business reasons. Building a strong case involves gathering specific types of evidence.
- Documentation of your disability: Medical records, doctor’s notes, treatment documentation, and prescription records demonstrate your condition’s existence and impact on your life activities.
- Evidence of disclosure: Accommodation request emails, medical leave paperwork, HR complaints, or witness statements prove your employer knew about your disability.
- Records of adverse actions: Termination notices, performance reviews, disciplinary write-ups, demotion paperwork, or schedule changes create a timeline of your employer’s actions following disability disclosure.
- Comparative evidence: Performance evaluations, promotion records, or discipline histories for coworkers without disabilities show whether they received better treatment for similar conduct or performance issues.
- Direct evidence: Emails, text messages, or witnessed conversations where supervisors reference your disability when making employment decisions. Comments like “we need someone who can keep up” directly demonstrate discriminatory intent.
California courts recognize that direct evidence is rare. Most cases rely on circumstantial evidence showing a pattern of discriminatory treatment. The timing of adverse actions following disability disclosure, changes in your employer’s attitude after learning of your condition, or pretextual reasons for employment decisions all support discrimination claims.
Our attorneys will help you identify, preserve, and organize the evidence needed to prove your case. We’ll also retain expert witnesses when necessary to strengthen your claims and demonstrate the full impact of the discrimination.
Filing a Disability Discrimination Complaint
California employees have multiple options for filing disability discrimination complaints. We’ll guide you through the process to protect your rights and meet critical deadlines.
California Civil Rights Department (CRD) handles state discrimination complaints. You can file complaints online, by mail, or in person at CRD regional offices. The CRD investigates allegations, attempts mediation, and issues right-to-sue notices if you choose to pursue litigation.
Equal Employment Opportunity Commission (EEOC) processes federal disability discrimination claims under the ADA. Filing with either the CRD or EEOC often satisfies both agencies’ requirements through work-sharing agreements. You don’t need to file separately with each agency.
⚖️ Filing deadlines create strict time limits for pursuing claims. You must file CRD complaints within three years of the discriminatory act. EEOC complaints require filing within 300 days of discrimination. Missing these deadlines can permanently bar your claims, making prompt action critical.
The complaint process begins with your written statement describing the discrimination, identifying your employer, and explaining how your rights were violated. Include relevant dates, witnesses, and supporting documentation. After filing, the agency investigates by interviewing witnesses, requesting employer records, and evaluating evidence.
Many cases resolve through mediation before proceeding to litigation. The CRD offers free mediation services where both parties discuss a settlement with a neutral mediator. Mediation can provide a faster resolution than litigation while preserving confidentiality.
If mediation fails or the CRD investigation doesn’t produce satisfactory results, you’ll receive a right-to-sue notice. This document authorizes you to file a lawsuit in state or federal court. You generally have one year from receiving the right-to-sue notice to file your lawsuit.
California employees can pursue claims simultaneously under both FEHA and the ADA, potentially increasing available damages. We’ll evaluate which filing strategy maximizes your recovery and ensures your rights are fully protected under both state and federal law.
Compensation Available in Discrimination Cases
California disability discrimination victims can recover multiple types of damages. We’ll fight to secure every dollar you deserve for the harm you’ve suffered.
- Economic damages: Lost wages include salary you would have earned if discrimination hadn’t occurred. Future lost earnings compensate for reduced earning capacity if discrimination permanently affects your career trajectory. Benefits losses cover health insurance, retirement contributions, and other employment benefits you lost.
- Emotional distress damages: Anxiety, depression, humiliation, and emotional suffering caused by discrimination qualify for compensation. You don’t need formal psychological treatment to recover emotional distress damages, though therapy records strengthen claims.
- Punitive damages: Courts award these when employers act with malice, fraud, or oppression. These damages aim to deter similar discrimination and can significantly increase your total recovery.
- Attorney fees and costs: California law requires employers to pay your attorney fees and litigation costs if you win. This fee-shifting provision ensures access to justice regardless of your financial resources.
| Damage Type | What It Covers | Typical Range |
| Lost Wages | Back pay from discrimination to resolution | $15,000 – $150,000+ |
| Future Lost Earnings | Reduced earning capacity over career | $50,000 – $500,000+ |
| Emotional Distress | Psychological harm, anxiety, depression | $25,000 – $200,000+ |
| Punitive Damages | Punishment for egregious conduct | Variable; can exceed compensatory damages |
| Medical Expenses | Therapy, treatment for discrimination-related harm | $5,000 – $50,000+ |
Settlement amounts vary dramatically based on discrimination severity, financial losses, employer size, and evidence strength. With over $100 million recovered for our clients, we have the experience to maximize your compensation in every case.
📌 Additional reading: disability discrimination settlement amounts
Reinstatement may be available if you were wrongfully terminated. Courts can order employers to restore your position with back pay and seniority. Many employees prefer monetary compensation over returning to hostile workplaces, making reinstatement less common in settlements.
Non-economic remedies include policy changes, training requirements, and workplace modifications. We’ll pursue every available remedy to ensure justice in your case and prevent future discrimination at your workplace.
Use our discrimination lawsuit settlement calculator to estimate your potential compensation.
Disability Discrimination vs. Wrongful Termination
These claims overlap but represent distinct legal theories. We’ll help you pursue all available remedies to maximize your recovery.
Disability Discrimination encompasses any adverse employment action motivated by your disability:
- Hiring discrimination
- Failure to promote
- Harassment
- Unequal pay
- Denial of accommodations
- Wrongful termination
Wrongful Termination specifically involves losing your job in violation of law. When employers fire you because of your disability, you have both claims.
Multiple Claims Strengthen Your Case
Filing disability discrimination, wrongful termination, failure to accommodate, failure to engage in interactive process, and retaliation claims together increases potential damages. Each claim provides additional legal theories supporting your right to compensation.
FEHA vs. ADA Claims
California employees can pursue claims under both laws:
- FEHA: Unlimited compensatory damages, broader protections
- ADA: Caps damages by employer size ($50,000 to $300,000 maximum)
Many cases involve retaliation claims when employers terminate after you request accommodations, file complaints, or cooperate with investigations. Our team will identify every viable claim arising from your employer’s conduct and pursue comprehensive compensation.
Medical Leave and Disability Rights
California law provides employees with disabilities broader medical leave protections than standard sick time. We help ensure employers honor these rights and do not penalize employees for using protected leave.
- CFRA leave: Eligible employees may take up to 12 weeks of unpaid, job-protected leave for a serious health condition. Employers must maintain health benefits and reinstate employees to the same or a comparable position. CFRA applies to employers with five or more employees, covering more workers than federal FMLA.
- Pregnancy Disability Leave (PDL): Employees may take up to four months of protected leave for pregnancy-related disabilities. This leave is separate from CFRA, allowing some employees to qualify for additional protected time off.
- Additional leave as accommodation: Even after CFRA leave is exhausted, employers may be required to provide extra unpaid leave as a reasonable accommodation unless doing so would create undue hardship.
⚠️ Forced leave is not allowed when reasonable accommodations would allow continued work. Employers cannot require leave simply because an employee has a medical condition that can be managed with medication or workplace adjustments.
- Intermittent leave: Employees with chronic or episodic conditions may take leave in smaller increments, such as hours for medical appointments or occasional full days during symptom flare-ups.
- Medical certification: Employers may request limited documentation confirming the need for leave and its duration or frequency. They cannot demand full medical records, detailed diagnoses, or unnecessary medical information.
- Return-to-work requirements: Employers may request fitness-for-duty certification, but they cannot require employees to be “100% healed” if essential job functions can be performed with or without reasonable accommodation.
📌 Additional reading: can I be fired if my short-term disability is denied
Protection Against Retaliation
California law prohibits employers from retaliating against employees who assert disability-related rights.
- Protected activities: Requesting accommodations, taking medical leave, filing complaints, participating in investigations, or opposing discrimination.
- Retaliation: Includes obvious actions like termination or demotion, as well as subtle conduct such as negative reviews, schedule changes, increased scrutiny, or hostile treatment.
- No need to prove discrimination: A retaliation claim can succeed even if the underlying discrimination claim does not.
- Timing matters: Adverse actions occurring shortly after protected activity can suggest retaliation and require the employer to provide a legitimate explanation.
- Evidence of pretext: Shifting explanations, lack of documentation, or inconsistent enforcement of rules may indicate a retaliatory motive.
- Direct statements count: Comments criticizing accommodations or discouraging complaints can support a retaliation claim.
- No forced waivers: Employers cannot require you to waive retaliation claims as a condition of employment or accommodation.
When Employers Claim Undue Hardship
Employers often argue that accommodations create undue hardship. We’ll evaluate whether your employer’s refusal violates the law and hold them accountable.
Undue hardship means significant difficulty or expense relative to employer size, financial resources, and business nature. This is an extremely high standard—mere inconvenience, minor expense, or disruption rarely qualifies.
Most accommodations cost little or nothing. Studies show the majority cost less than $500, with many costing nothing. Common no-cost accommodations include schedule flexibility, work-from-home arrangements, and modified break schedules.
Employers cannot claim undue hardship without engaging in the interactive process. Courts reject these defenses when employers refuse to discuss accommodations or dismiss requests without investigation.
💡 Hypothetical scenario: A retail employee with severe social anxiety requests early morning shifts to stock shelves before customers arrive. The employer denies the request, claiming all employees must work customer-facing roles. However, the company already schedules other employees for early-morning stocking shifts. Because the accommodation fits existing operations and requires no additional cost or restructuring, denying it is unlikely to meet the legal standard for undue hardship.
Temporary accommodations during peak periods don’t create undue hardship. Preference for full-time employees or scheduling convenience doesn’t establish hardship. Alternative accommodations may satisfy obligations when preferred options create true hardship, but employers cannot force inferior accommodations without significant difficulty.
Reassignment to vacant positions represents a reasonable accommodation when you cannot perform your current role with modifications. Our team will ensure your employer explores every reasonable accommodation before claiming undue hardship.
Why Choose Feher Law for Your Case
We bring unique advantages to disability discrimination cases that maximize your chances of success and recovery. Our bilingual team serves English and Spanish-speaking clients throughout California, ensuring language barriers never prevent access to justice.
We work on contingency, charging 33% before litigation, 40-45% during litigation, and 45-50% at trial. You pay nothing unless we win, making quality legal representation accessible regardless of your financial situation.
Our founding attorney, Tom Feher, brings decades of experience as a top-rated trial lawyer, inspired by his parents’ immigrant story and driven by a commitment to fight for workers facing discrimination.
We’re a full-service firm capable of taking cases to trial. When you hire us, you’ll never need to hire another firm as your case progresses. We handle everything from initial consultation through trial and appeal if necessary. Our team includes former insurance company lawyers who understand how employers defend these claims—and how to defeat their tactics.
Clients truly become an extension of our family. Trust and loyalty are pivotal in our practice. We believe in the power of connection, ensuring every person who interacts with our firm feels supported and understood.
Award-winning excellence: Our lawyers have appeared on prestigious award lists, including CAALA “Rising Star”, OCTLA “Top Gun”, Southern California Rising Stars, and Southern California Super Lawyers. Feher Law was named on the 2024 list of Best Law Firms® as a Tier 1 firm for Personal Injury Litigation – Plaintiffs.
Let Us Fight for Your Rights
Facing disability discrimination creates enormous stress on top of the challenges your condition already presents. You deserve an employer who respects your rights, provides necessary accommodations, and judges you on your abilities rather than stereotypes about disabilities.
We’ll evaluate your situation, explain your legal options, and develop a strategic plan to hold your employer accountable. Our team handles every aspect of your case, from investigating discrimination to negotiating settlements to trying cases before juries when necessary. You can focus on your health and wellbeing while we fight for the justice and compensation you deserve.
California law protects disabled workers for good reason. Discrimination not only violates your rights—it deprives our economy of talented employees’ contributions and perpetuates harmful stereotypes. By standing up for your rights, you’re not just helping yourself. You’re making workplaces safer and more inclusive for everyone.
Don’t let fear of retaliation or employer power dynamics prevent you from asserting your rights. California law prohibits retaliation, and we’ll aggressively pursue additional claims if your employer takes adverse action after you complain. You’re not alone in this fight.
Our commitment is clear: we do everything in our power to achieve justice and recover maximum compensation. Call (866) 646-6676 now.
FAQs
Can I be fired while requesting disability accommodations in California?
No, employers cannot fire you for requesting accommodations or participating in the interactive process. Terminating employees during accommodation discussions typically constitutes discrimination and retaliation. However, employers may still terminate for legitimate reasons unrelated to your disability, though the timing raises strong suspicion of discriminatory motive.
How do I get reasonable accommodations if my doctor doesn't specify what I need?
You don’t need your doctor to list exact accommodations. Medical certification should confirm your condition limits major life activities and may benefit from modifications. You and your employer collaborate during the interactive process to identify specific accommodations based on your functional limitations.
Can I collect unemployment while suing my employer for disability discrimination?
Yes, California employees terminated due to disability discrimination typically qualify for unemployment benefits while pursuing claims. Termination for discriminatory reasons doesn’t constitute disqualifying misconduct. You can collect unemployment and pursue litigation simultaneously, though benefits may reduce back pay damages.
How long will my disability discrimination case take in California?
Most cases take 18 months to 3 years from filing to resolution. Simple cases may settle within 6-12 months through mediation, while complex cases involving multiple theories or trials extend beyond three years. Timeline depends on CRD investigation duration, litigation decisions, and settlement negotiations.
What happens if I can't perform any job at my company due to my disability?
Employers must still provide medical leave as a reasonable accommodation if temporary leave would enable eventual return to work. Employers don’t need to create new positions or maintain employment indefinitely. If your condition is permanent and total, you may qualify for disability benefits instead.
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