Disability Discrimination

California law provides some of the strongest protections against disability discrimination in the United States. If you have a disability or medical condition, your employer must treat you fairly and provide reasonable accommodations so you can do your job. Understanding your rights under California’s Fair Employment and Housing Act (FEHA) can help you recognize discrimination and take action.

What Is Disability Discrimination Under FEHA?

Disability discrimination happens when an employer treats an employee or job applicant unfairly because of their disability, medical condition, or perceived disability. Under FEHA, employers with five or more employees cannot:

Refuse to hire someone because of a disability
Fire, demote, or discipline someone because of a disability
Deny reasonable accommodations that would allow someone to work
Harass employees because of their disabilities
Retaliate against employees who request accommodations
Fail to engage in the interactive process to find accommodations

California law goes further than federal law in protecting workers with disabilities. FEHA covers more conditions and requires employers to make greater efforts to accommodate employees.

What Qualifies as a “Disability” Under FEHA?

FEHA defines disability more broadly than the federal Americans with Disabilities Act (ADA). Under California law, a disability is any physical or mental condition that limits a major life activity. This is different from the ADA, which requires conditions to “substantially limit” major life activities.

Physical Disabilities

Physical disabilities include conditions that affect bodily systems or functions:

Mobility impairments (wheelchair users, difficulty walking)
Chronic pain conditions (fibromyalgia, back injuries)
Vision or hearing impairments
Epilepsy and seizure disorders
Diabetes
Heart disease
Respiratory conditions (asthma, COPD)
Autoimmune disorders (lupus, rheumatoid arthritis)
Neurological conditions (multiple sclerosis, Parkinson’s)

Mental Disabilities

Mental disabilities include psychological and cognitive conditions:

Depression and anxiety disorders
Post-traumatic stress disorder (PTSD)
Bipolar disorder
Schizophrenia
Obsessive-compulsive disorder (OCD)
Learning disabilities (dyslexia, ADHD)
Autism spectrum disorders
Eating disorders

Medical Conditions

FEHA also protects employees with specific medical conditions, even if they don’t limit major life activities:

Cancer and histories of cancer
Genetic characteristics that may cause disease
HIV/AIDS

Perceived Disabilities and Records of Disability

You’re also protected if:

Your employer thinks you have a disability (even if you don’t)
You have a history of a disability (even if you’re currently healthy)

For example, if your employer fires you because they believe you have a serious illness, that’s discrimination even if you don’t actually have the condition.

FEHA vs. ADA: California Provides Broader Protection

While both FEHA and the ADA protect workers with disabilities, California law is more generous:

Feature	FEHA (California)	ADA (Federal)
Definition	Limits a major life activity	Substantially limits a major life activity
Employer size	5+ employees	15+ employees
Working as major life activity	Yes	Yes, but narrower
Medical leave	Extended leave may be reasonable	Limited leave required
Interactive process	Mandatory participation	Encouraged but not mandated

Under FEHA, more conditions qualify as disabilities, and employers must do more to accommodate workers.

What Is Reasonable Accommodation?

A reasonable accommodation is any change to your job, work environment, or schedule that allows you to perform your essential job duties despite your disability. The law requires employers to provide reasonable accommodations unless doing so would cause “undue hardship” to the business.

Examples of Reasonable Accommodations

Schedule Modifications:

Flexible start and end times
Part-time or modified schedules
Work-from-home arrangements
Additional breaks for medical needs

Physical Workspace Changes:

Ergonomic keyboards, chairs, or desks
Accessible parking spaces
Modified workstations (adjustable desks, lighting)
Relocated workspace (ground floor for mobility issues)

Equipment and Technology:

Screen readers for visual impairments
Voice recognition software
Amplified telephones
Mobility aids and assistive devices

Job Restructuring:

Reassignment of minor duties
Transfer to a vacant position you can perform
Modified training methods
Written instructions instead of verbal

Medical Leave:

Time off for medical appointments
Extended medical leave beyond FMLA/CFRA
Intermittent leave for flare-ups

Other Accommodations:

Job coach or mentor
Modified break schedule
Service animal in workplace
Quiet workspace for concentration

The Interactive Process: A Critical Requirement

When you request an accommodation, California law requires your employer to engage in an “interactive process” with you. This is a conversation where you and your employer work together to find an accommodation that works for both parties.

How the Interactive Process Works

Employee requests accommodation – You tell your employer you need a change due to a disability or medical condition
Employer acknowledges request – Your employer should respond promptly (don’t delay!)
Both parties discuss options – You talk about your limitations and possible accommodations
Employer explores solutions – Your employer investigates what accommodations are possible
Agreement reached – You agree on an accommodation, or employer explains why accommodation isn’t possible

Employer’s Obligations

Your employer must:

Participate in good faith – Take the process seriously and communicate openly
Respond timely – Don’t unreasonably delay discussions
Consider your suggestions – Discuss the accommodations you propose
Explore alternatives – If your first choice won’t work, look for other options
Make reasonable efforts – Try to find an accommodation before claiming undue hardship

What Happens If Employer Refuses?

If your employer refuses to engage in the interactive process or fails to provide a reasonable accommodation without good cause, that’s discrimination. You don’t have to prove the employer acted with bad intent—just that they failed to participate in good faith.

Types of Disability Discrimination

Failure to Accommodate

The most common form of disability discrimination is when employers refuse to provide reasonable accommodations. This includes:

Ignoring accommodation requests
Refusing to discuss accommodations
Denying accommodations without exploring alternatives
Failing to engage in the interactive process

Termination Due to Disability

Firing someone because of their disability is illegal, including:

Terminating employees who become disabled
Firing employees who request accommodations
Eliminating positions to avoid accommodating workers
“Performance-based” terminations that are really about disability

Refusal to Hire

Employers cannot refuse to hire qualified applicants because of disabilities:

Rejecting candidates who disclose disabilities
Asking illegal medical questions in interviews
Withdrawing job offers after learning of disabilities
Making assumptions about what disabled workers can do

Disability Harassment

Harassment based on disability creates a hostile work environment:

Mocking or insulting employees about disabilities
Making jokes about medical conditions
Excluding disabled employees from activities
Creating uncomfortable or offensive environments

Retaliation for Requesting Accommodations

Employers cannot punish employees for exercising their rights:

Demoting employees who ask for accommodations
Reducing hours or pay after accommodation requests
Giving negative performance reviews in retaliation
Creating hostile conditions to force resignations

Common Examples of Disability Discrimination

Understanding real-world scenarios can help you recognize discrimination:

Denied work-from-home: An employee with chronic migraines asks to work from home two days per week. Their supervisor says “we don’t do that here” without considering whether it’s possible.
Fired after cancer diagnosis: An employee tells their manager they have cancer and will need time off for chemotherapy. Two weeks later, they’re terminated for “budget cuts,” but the position is immediately reposted.
No ergonomic equipment: An office worker develops carpal tunnel syndrome and requests an ergonomic keyboard and mouse. HR says “we don’t have the budget” without investigating the low cost ($100).
Refused bathroom breaks: An employee with Crohn’s disease needs frequent bathroom breaks. Their supervisor tells them they can only use the bathroom during scheduled breaks and starts writing them up for “leaving the workstation.”
Forced to climb stairs: A warehouse worker with a knee injury asks to be assigned to ground-floor duties. The employer refuses and says “everyone has to rotate through all areas.”
Medical leave denied: An employee exhausts their FMLA leave while recovering from surgery but needs two more weeks. The employer terminates them instead of granting additional unpaid leave as an accommodation.
Not hired due to wheelchair: A qualified applicant uses a wheelchair. During the interview, the hiring manager says “our building isn’t really accessible” and hires a less-qualified candidate.
Mental health stigma: An employee with depression asks for a flexible schedule to attend therapy appointments. Their manager says “we need reliable people” and passes them over for a promotion.
Service animal rejected: An employee with PTSD brings a service dog to work. The employer says “no pets allowed” and refuses to discuss it further.
Ignored accommodation request: An employee with diabetes submits a written request for permission to keep snacks at their desk and test blood sugar as needed. HR never responds, and the employee is later disciplined for “eating at their desk.”
Perceived disability: An employer sees an employee’s medication for HIV on their desk and assumes they’re unreliable. The employee is moved to a less visible position without explanation.
Reassignment denied: An assembly line worker develops a repetitive stress injury. The employer has vacant office positions available but refuses to consider transferring the employee, claiming they’re “not qualified” despite transferrable skills.

How to Request Reasonable Accommodation

To protect your rights, request accommodations properly:

Make a Clear Request

Be direct: Tell your employer you need an accommodation due to a medical condition or disability
Use the right words: Say “I need a reasonable accommodation” or “I have a disability that requires workplace changes”
Don’t self-diagnose: You don’t need to use medical terminology, just explain what you need

Put It in Writing

Email or letter: Written requests create a paper trail
Keep copies: Save all correspondence about your accommodation
Be specific: Describe what accommodation you’re requesting

Provide Medical Documentation If Requested

Doctor’s note: Your employer may ask for documentation of your disability
Keep it simple: The note should confirm you have a condition that requires accommodation
Limitations, not diagnosis: Your doctor should describe limitations (e.g., “cannot stand for long periods”), not your specific diagnosis

Example Accommodation Request

Dear [Manager Name],

I am writing to request a reasonable accommodation under the Fair Employment and Housing Act due to a medical condition. I have [general description, like “a back condition”] that affects my ability to [describe limitation].

I am requesting [specific accommodation, like “an ergonomic chair and the ability to take brief stretching breaks every hour”] to allow me to continue performing my essential job duties.

I have attached a note from my healthcare provider and am happy to meet with you to discuss this request further. Please let me know when we can schedule a time to discuss possible accommodations.

Thank you, [Your Name]

What Employers Must Do

When you request an accommodation, your employer must:

Take your request seriously – Don’t dismiss or ignore it
Respond promptly – Begin the interactive process quickly
Ask clarifying questions – Understand your limitations and needs
Investigate options – Explore what accommodations are feasible
Consider your suggestions – Don’t automatically reject your proposed solution
Explain denials – If they can’t accommodate you, explain why in detail
Look for alternatives – If your first choice won’t work, find other options
Document the process – Keep records of all communications

Employers cannot:

Ignore accommodation requests
Retaliate against employees who request accommodations
Force employees to accept specific accommodations without discussion
Require employees to pay for accommodations
Delay indefinitely without explanation

When Can Employers Refuse Accommodation?

Employers can deny accommodation requests only in limited circumstances:

Undue Hardship

An accommodation creates “undue hardship” if it would require:

Significant difficulty – Major operational disruptions
Significant expense – Costs that are excessive relative to the employer’s size and resources

However, “undue hardship” is a high bar. Employers must prove hardship with evidence. Common employer complaints that don’t qualify as undue hardship:

“It’s not our policy”
“Other employees might want the same thing”
“It’s inconvenient”
“It costs a few hundred dollars”

Cannot Perform Essential Functions

If even with accommodations you cannot perform the essential functions of your job, the employer may not be required to accommodate you. However:

Essential functions are the core duties of the job (not minor tasks)
Employers must consider reassignment to vacant positions
Many limitations can be accommodated with creativity

Direct Threat to Safety

Employers can refuse accommodations if you pose a “direct threat” to yourself or others, but only if:

The threat is significant and likely (not speculative)
The threat cannot be eliminated with reasonable accommodation
The assessment is based on objective medical evidence

Employers cannot make assumptions about safety based on stereotypes about disabilities.

Proving Disability Discrimination

To prove disability discrimination, you generally need to show:

You have a disability (or employer perceived you as having one)
You are qualified for the job (can perform essential functions with or without accommodation)
You suffered adverse action (fired, denied accommodation, harassed, etc.)
Your disability was a motivating factor in the adverse action

Types of Evidence

Direct Evidence:

Comments about your disability (“We need someone healthier”)
Emails or texts showing discriminatory intent
Witness statements about bias

Circumstantial Evidence:

Timing (fired shortly after disclosing disability)
Different treatment (others got accommodations, you didn’t)
Pretextual reasons (claimed reasons that don’t make sense)
Pattern of behavior (history of denying accommodations)

Documentation to Gather:

Accommodation requests (emails, letters)
Medical documentation
Performance reviews (especially positive ones before discrimination)
Employer’s written policies
Communications about your disability
Witness contact information

Damages Available for Disability Discrimination

If you win a disability discrimination case, you may recover:

Economic Damages

Back pay: Lost wages from termination or demotion
Front pay: Future lost earnings if you can’t return to work
Benefits: Lost health insurance, retirement contributions, bonuses
Out-of-pocket expenses: Medical bills, job search costs

Non-Economic Damages

Emotional distress: Compensation for anxiety, depression, humiliation
Pain and suffering: Physical or mental harm from discrimination

Punitive Damages

Available if employer acted with malice or reckless disregard
Meant to punish and deter egregious conduct
Can be substantial in cases of intentional discrimination

Other Remedies

Reinstatement: Getting your job back
Accommodation orders: Court requires employer to provide accommodation
Policy changes: Employer must change discriminatory practices
Attorney’s fees: Employer pays your legal costs

Real-World Examples from California Cases

Case 1: Extended Leave as Accommodation

Situation: A retail employee with cancer exhausted her FMLA leave but needed six more weeks to recover from surgery. The employer had a policy against leave beyond FMLA and terminated her.

Outcome: The court found that extended medical leave can be a reasonable accommodation under FEHA, even beyond FMLA. The employer should have granted the additional leave unless it caused undue hardship. The employee won her case and received back pay and damages.

Lesson: FEHA’s accommodation requirements go beyond FMLA. Employers must consider extended unpaid leave as a reasonable accommodation.

Case 2: Failure to Engage in Interactive Process

Situation: An office worker with anxiety requested to work from home two days per week. HR sent a form requesting medical documentation, but the employee’s doctor provided a note saying she had a condition requiring accommodation. HR then stopped responding to the employee’s emails and phone calls for three months.

Outcome: The court found the employer violated FEHA by failing to engage in the interactive process. Even if work-from-home wasn’t feasible, the employer had a duty to communicate and explore alternatives. The employee was awarded damages for the employer’s bad faith.

Lesson: Employers must actively participate in the interactive process. Silence or delay is a violation.

Case 3: Reassignment to Vacant Position

Situation: A warehouse worker injured his back and could no longer lift heavy boxes. The employer had vacant customer service positions available but refused to consider transferring him, saying “you’re a warehouse worker, not customer service.”

Outcome: The court held that reassignment to a vacant position can be a reasonable accommodation, even if it’s a different type of job. The employer should have assessed whether the employee could perform the customer service role with minimal training. The employee won his case.

Lesson: Employers must consider reassignment as an accommodation, not just modifications to the current job.

Case 4: Perceived Disability

Situation: A manager overheard an employee discussing her medication for bipolar disorder. The manager became concerned about the employee’s “stability” and began excluding her from important projects. Eventually, the employee was laid off while less-senior employees were retained.

Outcome: The court found disability discrimination based on perceived disability. Even though the employee performed her job well, the manager’s bias about mental illness led to adverse treatment. The employee recovered substantial damages.

Lesson: Discrimination based on perceived disability is illegal, even if the condition doesn’t actually affect job performance.

Case 5: Reasonable Accommodation Is Low-Cost

Situation: An employee with carpal tunnel syndrome requested an ergonomic keyboard ($80) and vertical mouse ($40). HR denied the request, citing “budget constraints” without investigating costs. The employee developed severe symptoms and had to quit.

Outcome: The court found the employer failed to engage in the interactive process. The cost was minimal, and the employer never investigated whether this accommodation was feasible. The employee won damages for constructive discharge.

Lesson: Low-cost accommodations are almost always reasonable. Employers can’t claim undue hardship without evidence of actual burden.

Case 6: Service Animal Accommodation

Situation: An employee with severe anxiety brought her trained psychiatric service dog to work. The employer’s policy prohibited animals in the workplace, and management ordered her to leave the dog at home. The employee explained it was a service animal, but the employer refused to discuss alternatives and terminated her for “policy violation.”

Outcome: The court held that service animals are a recognized form of reasonable accommodation. The employer violated FEHA by refusing to engage in the interactive process and by terminating the employee without exploring whether the dog could be accommodated. The employee received back pay, emotional distress damages, and attorney’s fees.

Lesson: Service animals (both for physical and psychiatric disabilities) are protected accommodations. Blanket “no pets” policies must yield to legitimate accommodation requests.

Frequently Asked Questions

Q: Do I have to tell my employer my specific diagnosis?

A: No. You can request an accommodation by explaining your limitations without disclosing your specific medical condition. For example, “I have a medical condition that requires me to take frequent breaks” is sufficient. If your employer requests medical documentation, your doctor should describe your functional limitations, not your diagnosis.

Q: Can my employer ask for medical records?

A: Your employer can request medical documentation confirming you have a disability and need accommodation, but they cannot demand your full medical records. The documentation should be limited to information relevant to the accommodation request.

Q: What if my employer says my accommodation is “too expensive”?

A: The employer must prove undue hardship with evidence, considering their size, resources, and budget. Many accommodations cost little or nothing. If your employer claims cost is an issue, they must provide documentation and explore less expensive alternatives.

Q: Can I be fired if I can’t do my job even with accommodations?

A: If you cannot perform the essential functions of your job even with reasonable accommodations, your employer may not be required to keep you in that position. However, they must first consider reassigning you to a vacant position you can perform.

Q: How long do I have to file a disability discrimination claim?

A: Under FEHA, you generally must file a complaint with the California Civil Rights Department (CRD, formerly DFEH) within three years of the discrimination. This is longer than the federal ADA deadline (300 days). After the CRD investigates or issues a right-to-sue notice, you can file a lawsuit.

Take Action

If you believe you’ve experienced disability discrimination in California:

Document everything – Save accommodation requests, emails, performance reviews, and medical records
Request accommodations in writing – Create a clear paper trail
Consult an employment attorney – California employment lawyers can evaluate your case and protect your rights
File a complaint – You can file with the California Civil Rights Department or go directly to court (depending on your situation)
Know your timeline – You have three years to file a FEHA claim, but don’t wait—evidence and memories fade

California’s strong disability discrimination laws exist to protect your right to work with dignity. You don’t have to face discrimination alone.

Legal Disclaimer

This article provides general information about disability discrimination laws in California and is not legal advice. Every situation is unique, and employment law is complex. If you believe you’ve experienced disability discrimination, consult with a qualified California employment attorney who can review your specific circumstances and advise you on your legal options. This information is current as of October 2025, but laws may change.