Disability Discrimination Lawyer in California

You hand your employer a doctor's note asking for a lighter lifting limit, a modified schedule, or a few weeks off — and suddenly your hours get cut, your reviews turn negative, or you're out of a job. That sequence is one of the most common patterns a disability discrimination lawyer sees in California, and it is often illegal.

What Counts as Disability Discrimination in California

California's Fair Employment and Housing Act (FEHA, Government Code § 12940 and following) makes it unlawful for an employer to fire, demote, refuse to hire, or otherwise penalize a worker because of a physical or mental disability or medical condition. It applies to most employers with five or more employees — a much lower threshold than the federal Americans with Disabilities Act, which generally kicks in at 15 employees.

Discrimination rarely looks like someone saying "we don't want disabled people here." In practice, disability discrimination in California usually shows up as:

• Termination shortly after you disclose a diagnosis, request leave, or return from medical leave
• Refusing to hire or promote you once a health condition becomes known
• Pressuring you to resign, take unpaid leave, or "come back when you're 100%"
• Harassment or ridicule about your condition, mobility aid, or restrictions
• Punishing you for asking for help — which FEHA treats as unlawful retaliation even if the accommodation itself was never required

California's definition of "disability" is broader than federal law

This is the point most workers miss. Under FEHA, a condition qualifies if it limits a major life activity — the statute deliberately does not require that it "substantially" limit one, as federal law does. Working itself counts as a major life activity. Conditions many people assume are too minor or too temporary — back injuries, anxiety and depression, diabetes, long COVID, cancer in remission — can absolutely be covered. FEHA also protects you if your employer merely perceives you as disabled, or acts against you because of your association with a disabled person.

Your Right to a Reasonable Accommodation

Separate from the ban on discrimination, FEHA requires employers to provide a reasonable accommodation that lets a qualified employee perform the essential functions of the job: modified schedules, remote or hybrid work, ergonomic equipment, reassignment of non-essential duties, transfer to a vacant position you're qualified for, and — importantly — a finite leave of absence, even after CFRA or FMLA leave is exhausted.

You do not need to use magic words. Telling a supervisor "my doctor says I can't lift over 20 pounds" is enough to trigger the employer's duties. An employer can refuse only if the accommodation would cause a genuine undue hardship given its size and resources — a demanding standard that a bare claim of inconvenience does not meet.

The Interactive Process Your Employer Owes You

Government Code § 12940(n) requires employers to engage in a timely, good faith interactive process — an actual back-and-forth conversation about what you need and what the company can do. Failing to do that is its own independent violation, even if a court later decides no accommodation was available.

Employers break this rule when they:

1. Ignore an accommodation request or let it sit for weeks
2. Deny the request outright without discussing alternatives
3. Demand excessive medical records instead of the restrictions actually at issue
4. Insist you be "fully healed" with no restrictions before returning to work
5. Quietly replace you rather than exploring a transfer or modified role

If you asked and nothing happened, document it. A short follow-up email confirming the conversation is often the single most valuable piece of evidence in the case.

Deadlines: Do Not Wait

FEHA claims run through the California Civil Rights Department (CRD, formerly the DFEH). In general, you must file a CRD complaint within three years of the last discriminatory act, and then file your lawsuit within one year of receiving a right-to-sue notice. Parallel federal ADA claims run on a much shorter clock — typically 300 days to the EEOC in California.

Deadlines shift depending on when the violation occurred, whether the conduct was continuing, and whether a public employer is involved. Treat those numbers as a starting point and have a lawyer confirm the dates that apply to you — waiting is the most common way a strong claim is lost. The statute itself is available at California Legislative Information.

What a Disability Discrimination Case Can Recover

No lawyer can honestly promise a number — outcomes turn on your wages, how long you were out of work, the documentation, and the employer's conduct. What FEHA allows you to seek includes:

• Back pay — wages, benefits, and bonuses lost from the violation to resolution
• Front pay — future lost earnings where returning to the job isn't realistic
• Emotional distress damages, which are frequently the largest component
• Punitive damages where the employer acted with malice, oppression, or fraud
• Attorney's fees and costs, which a prevailing employee can recover from the employer

Notably, FEHA does not impose the federal damages caps that apply to ADA and Title VII claims — one of several reasons California workers are usually better served bringing state claims.

How to Protect Your Claim Starting Today

• Put accommodation requests in writing and keep copies at a personal email address
• Save performance reviews from before you disclosed your condition — a sudden decline afterward is powerful evidence
• Keep the doctor's notes and restriction forms you submitted, and note dates and names from each conversation
• Do not sign a severance agreement or general release before someone reviews it

If you were pushed out rather than fired outright, the situation may also support a wrongful termination claim, and punishment for speaking up can be independent workplace retaliation. Pregnancy-related conditions carry additional protections explained in our guide to pregnancy disability leave.

Frequently Asked Questions

Can you be fired for being disabled in California?

Not because of the disability. You can still be lawfully terminated for legitimate reasons unrelated to your condition — a genuine layoff, documented misconduct, or an inability to perform essential functions even with reasonable accommodation. The question is whether the disability was a substantial motivating factor in the decision, which is why timing and documentation matter so much.

How do I prove disability discrimination at work?

Most cases are built on circumstantial evidence: the timing between disclosure and adverse action, inconsistent explanations from the employer, better treatment of comparable coworkers, deviations from company policy, and emails or texts revealing the real reason. A lawyer can also obtain internal documents in discovery that you cannot get on your own.

Does my employer have to give me time off as an accommodation?

Often, yes. California courts recognize a finite, reasonable leave of absence as a form of accommodation, including leave beyond what CFRA or FMLA provides. What employers cannot do is impose a rigid maximum-leave policy or terminate you automatically once leave runs out, without any individualized discussion.

What if I was fired right after requesting an accommodation?

That timing is significant. FEHA separately prohibits retaliation against an employee for requesting an accommodation, whether or not the request was ultimately granted. Close proximity between the request and the termination is one of the strongest signals of an unlawful motive.

Do I need a lawyer, or can I file with the CRD myself?

You can file a CRD complaint on your own. But the intake filing, the right-to-sue election, and the choice of which claims to bring all carry consequences that are hard to undo later. Since employment attorneys typically offer free consultations, there's little reason not to have your options reviewed first.

Talk to a California Employment Lawyer

If you were fired, demoted, or pushed out after disclosing a medical condition or asking for an accommodation, MMG Law Firm can review what happened and explain your options. We handle employment law matters for workers across California, and the consultation is free and comes with no obligation. Contact us to have your situation evaluated while your deadlines are still open.