California disability discrimination lawyers

California protects more conditions than federal law

The Fair Employment and Housing Act (Gov. Code § 12940) protects employees at employers with five or more workers from discrimination based on physical disability, mental disability, and medical condition. The federal Americans with Disabilities Act (ADA) covers employers with 15 or more employees.

FEHA's definition of disability is broader than the ADA's. A condition qualifies if it simply limits a major life activity, including working, without considering mitigating measures like medication. The ADA requires a "substantial" limitation. FEHA also protects employees who are regarded as disabled, those with a history of a disability, and those associated with someone who has a disability.

Conditions commonly covered include back and joint injuries, cancer, diabetes, heart conditions, epilepsy, multiple sclerosis, autoimmune disorders, long COVID, migraines, pregnancy-related conditions, anxiety, depression, PTSD, bipolar disorder, ADHD, and recovery from substance use disorders.

Your right to a reasonable accommodation

FEHA makes it a separate violation to fail to provide a reasonable accommodation for a known disability (Gov. Code § 12940(m)), unless the employer proves it would cause an undue hardship. Reasonable accommodations can include:

• Modified duties, schedules, or work locations, including remote work
• A leave of absence for treatment or recovery, even beyond what CFRA or FMLA requires
• Reassignment to a vacant position you're qualified for
• Equipment, software, ergonomic changes, or interpreters
• Additional breaks or changes to how tasks are performed
• Permission to bring a service animal, or changes to workplace policies

You don't have to use special words. Telling your supervisor or HR about a medical limitation, or giving them a doctor's note with restrictions, is usually enough to put the employer on notice.

The interactive process

Once an employer knows an employee needs an accommodation, it must engage in a timely, good-faith interactive process to identify an effective one (Gov. Code § 12940(n)). Failing to do so is its own violation, even apart from the accommodation itself. Red flags include:

• Ignoring your request or a doctor's note
• Saying "we don't do light duty" or "come back when you're 100%" without discussing alternatives
• Demanding excessive medical information unrelated to the limitation
• Offering one option and refusing to consider others
• Firing you or putting you on indefinite unpaid leave instead of exploring accommodations

Other forms of disability discrimination

• Being fired soon after disclosing a diagnosis or returning from medical leave
• Being placed on a performance plan right after requesting an accommodation
• Being told you're a "liability" or that the company "can't take the risk"
• Being forced to take leave when you can still work with or without accommodation
• Rejection after a post-offer medical exam unrelated to job requirements
• Harassment about your condition, medication, or medical appointments
• Retaliation for requesting accommodation, which is unlawful even if the request was ultimately denied (Gov. Code § 12940(m)(2))

Workplace injuries and workers' compensation

If you were injured on the job, workers' compensation covers medical treatment and some lost wages, but it is not the only protection you have. If the injury results in a disability, FEHA still requires accommodation and the interactive process, and it prohibits firing you because of the disability. Labor Code § 132a separately prohibits discrimination for filing a workers' compensation claim. We regularly work alongside workers' compensation counsel on these cases.

What you can recover

• Lost wages and benefits, past and future
• Emotional distress damages, which can be substantial when an employer abandons someone during a health crisis
• Punitive damages for malicious or oppressive conduct
• Attorney fees and costs

Deadlines

• FEHA: three years to file with the California Civil Rights Department, then one year after the right-to-sue notice.
• ADA: 300 days to file an EEOC charge.

How to protect your rights

1. Put accommodation requests in writing. Describe your limitation and what would help. A short email is enough.
2. Give your employer a doctor's note that states your restrictions and expected duration. You don't need to share your full diagnosis.
3. Participate in the interactive process. Respond to questions, suggest options, and keep copies of every exchange.
4. Write down what happens next, especially changes in how you're treated after you disclose your condition or request help.
5. Don't agree to indefinite unpaid leave or resign without advice if you can still work with an accommodation.
6. Apply for State Disability Insurance if you're unable to work, and keep records of your medical treatment.

How your case works with us

Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.

1. Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
2. Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
3. Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
4. Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
5. Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.

Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.