Disability Discrimination Attorneys · Los Angeles, California
A Disability Doesn't Define Your Work Ethic. Refusing to Accommodate You May Be Illegal.
California law requires employers to accommodate workers with disabilities and prohibits discrimination based on physical or mental health conditions. If you were fired, demoted, denied accommodation, or harassed because of a disability, the law is on your side. Our Los Angeles employment attorneys fight exclusively for employees.
$30M+ recovered for California workers · Free consultation · No fee unless we win
What Makes Disability Discrimination Illegal in California?
California's FEHA and the federal ADA create a legal framework that protects workers with disabilities at every stage of employment. Employers have two distinct obligations: they cannot discriminate based on disability, and they must provide reasonable accommodations. Violating either is illegal.
Discrimination & Adverse Action
Being fired, demoted, passed over for promotion, given undesirable assignments, excluded from training, or subjected to hostile treatment because of a physical or mental disability. Discrimination also includes taking adverse action against someone who has a history of a disability — even if they are currently healthy — or against someone the employer perceives as having a disability, even if they don't.
Adverse action shortly after disclosing a medical condition is among the strongest indicators of disability discrimination.
Failure to Accommodate & Interactive Process
California law imposes a separate, affirmative duty on employers to engage in a good-faith interactive process and provide reasonable accommodations. Refusing to consider your request, ignoring it entirely, or claiming undue hardship without exploring alternatives is itself an illegal act — independent of any termination. Accommodations can include schedule changes, remote work, modified duties, ergonomic equipment, or reassignment.
Refusing to engage in the interactive process is an independent FEHA violation, even if no adverse employment action follows.
6 Situations When You May Have a Disability Discrimination Claim
Many disability discrimination cases involve scenarios that employees don't immediately recognize as illegal — especially when the employer frames the action as a business decision.
Requested Accommodation — Then Fired
You asked for a modification to your job — flexible schedule, remote work, modified duties — and your employer denied it or ignored it. Shortly after, you were terminated. The timing and absence of any interactive process is powerful evidence.
Disclosed Medical Condition — Then Targeted
You told HR or your manager about anxiety, depression, cancer, diabetes, or another condition. Almost immediately, your performance was scrutinized more closely, you were reassigned, or a paper trail of 'issues' began appearing for the first time in your employment.
Returned from Medical Leave — Position Eliminated
You took leave for a serious health condition and came back to find your role had been 'restructured.' The same duties are being performed by someone else, but your employer claims there's no position for you. This is a classic post-leave retaliation pattern.
Doctor Recommended Remote Work — Denied
Your physician recommended working from home due to your disability, and the essential functions of your job could be performed remotely. Your employer refused without exploring the request or explaining the hardship. In today's workplace, this is increasingly difficult for employers to defend.
Excluded from Opportunities Because of Your Disability
Your employer removed you from high-visibility projects, client interactions, or promotion consideration because of assumptions about what you can or cannot do — without actually evaluating your capabilities with a reasonable accommodation in place.
Told Your Condition Made You 'A Liability'
A supervisor or HR representative expressed concern that your disability creates too much 'risk,' 'liability,' or 'disruption' for the team. Language like this is direct evidence of the discriminatory mindset behind adverse employment decisions.
Signs You May Have a Strong Case
Cases with these facts are typically the strongest — and most likely to result in significant recovery for the employee.
You have a physical or mental impairment that limits a major life activity — or your employer perceives you as having one
Your employer knew about your disability through a disclosure, medical certification, or accommodation request
You requested accommodation and were denied, ignored, or told to 'deal with it' without any interactive process
Adverse action (termination, demotion, negative reviews) followed closely after your disability disclosure or accommodation request
Your employer never engaged in a good-faith interactive process before taking adverse action
Non-disabled employees in similar roles and with comparable performance were treated better — retained, promoted, or accommodated
Performance problems suddenly appeared in your record after your disability became known, despite a previously clean record
You were replaced by someone without a disability, or your position was later recreated for a non-disabled employee
Don't count yourself out. Disability discrimination often doesn't announce itself — it hides in restructurings, PIPs, and performance justifications. The only way to know for sure whether you have a claim is a free conversation with an attorney.
Why California's Disability Discrimination Protections Are Stronger
California's FEHA provides substantially stronger protections than the federal ADA. Here's what matters for your case.
Broader employer coverage
FEHA covers employers with 5 or more employees. The ADA requires 15 or more. This means many small businesses that are exempt under federal law are still required to accommodate and cannot discriminate under California law.
Broader definition of disability
FEHA's definition of disability is far broader than the ADA's. A condition doesn't need to 'substantially limit a major life activity' to the same degree the ADA requires. Many conditions that fall outside ADA protection are still protected under FEHA.
Mental health conditions fully protected
FEHA expressly and equally covers mental health conditions — anxiety, depression, PTSD, OCD, bipolar disorder — alongside physical disabilities. Employers cannot treat mental health accommodations differently or hold mental health history against you.
No cap on damages
FEHA places no ceiling on compensatory or punitive damages. ADA damages are capped at $300,000 per violation. California disability discrimination cases can result in multimillion-dollar recoveries in severe cases.
Mandatory interactive process
California's interactive process requirement is one of the most employee-protective in the country. Employers must engage in good faith — not just go through the motions. Failure to participate in the process is itself an independent legal violation.
3-year statute of limitations
California gives you 3 years from the discriminatory act to file with the Civil Rights Department. The ADA's EEOC deadline is 300 days. California's longer window significantly increases your ability to build a comprehensive claim.
Who Can Be Held Liable
California law holds multiple parties responsible for disability discrimination — not just the company as a whole.
Your Employer — Direct Liability
The company is directly liable for disability discrimination, failure to accommodate, and failure to engage in the interactive process. Unlike some harassment claims, the employer doesn't need to 'know' about a rogue supervisor — if management made the discriminatory decision, the company is responsible.
Supervisors & HR Personnel — Individual Liability
Under FEHA, supervisors who harassed you based on your disability can face personal liability. HR personnel who denied accommodation requests in bad faith, manufactured performance justifications, or failed to engage in the interactive process may also be individually liable depending on their specific conduct.
Parent Companies & Successor Employers — Joint Liability
Parent companies and successor entities in mergers or acquisitions may share liability depending on the level of operational control exercised over the discriminatory decisions and whether they continue or ratify prior employment practices.
Disability Discrimination Happens Across Every Industry
Disability discrimination is not limited to physical workplaces — it occurs in offices, hospitals, warehouses, and remote environments alike. Here are the scenarios we see most often.
Technology & Startups
- →A software engineer discloses ADHD and requests flexible working hours to manage focus. The company denies the request citing 'collaboration requirements,' then terminates him six weeks later for 'poor communication skills' — a problem never raised in prior reviews.
- →An employee discloses an anxiety disorder and is suddenly moved off high-visibility projects to low-priority tasks 'for her own good.' She is effectively sidelined from career advancement without any accommodation discussion.
Healthcare & Medical
- →A nurse requests shift accommodations for back pain and arthritis. The hospital refuses to consider modified schedules and requires rotating shifts the physician has restricted. When she can't comply with medical restrictions, she is terminated for 'inability to perform essential functions' — without exploring accommodation.
- →A medical assistant takes FMLA leave for a serious illness. On returning, she is told her position was 'restructured' and offered only a lower-paid clerical role — a constructive demotion tied directly to her medical leave.
Retail & Customer Service
- →A store employee requests a stool to sit while working the register due to a documented leg injury. The manager refuses, citing 'customer-facing standards,' and the employee is later fired for 'poor performance' — the first negative mark in four years.
- →An employee mentions a doctor's appointment for a chronic condition in conversation. Within days, his hours are cut to part-time without explanation — a retaliation based on perceived disability that he didn't even formally disclose.
Warehouse & Logistics
- →A warehouse worker suffers a work injury with documented light-duty restrictions. The company claims no light-duty positions are available and terminates him — then hires a new worker two weeks later to perform tasks the injured employee could have done with accommodation.
- →An employee discloses a chronic illness and requests occasional additional breaks. Supervisors suddenly become hostile, document minor infractions that were previously ignored, and manufacture a disciplinary record to support termination.
Education
- →A teacher requests leave for cancer treatment. The school district denies the request, citing 'staffing needs,' and threatens termination if she takes unpaid leave. CFRA and the ADA both require accommodation — denial is a violation of both.
- →An educator with a mobility disability is removed from classroom teaching and assigned only administrative tasks, without any interactive process to explore accommodations that could enable continued classroom instruction.
Corporate & Professional Services
- →An executive director requests a disability accommodation after a diagnosis. Her employer agrees verbally but then systematically excludes her from leadership meetings, strips her responsibilities, and terminates her in a 'reorganization' — a constructive termination built around her accommodation request.
- →An attorney with PTSD requests modified work-from-home arrangements. The firm denies the request and places her on a performance plan two weeks later. The absence of any interactive process is fatal to the employer's defense.
What You Can Recover
California law provides comprehensive remedies for disability discrimination victims. FEHA is significantly more generous than federal ADA damages — especially because California imposes no cap.
Back Pay & Lost Benefits
All wages, bonuses, health insurance, and retirement contributions you would have earned from the date of the discriminatory act through trial or settlement, including interest on the unpaid amounts.
Front Pay
Future lost earnings if reinstatement is not feasible or appropriate. Calculated based on your salary, remaining work-life expectancy, and the realistic timeline for finding comparable employment.
Emotional Distress Damages
Compensation for the psychological harm of being discriminated against — anxiety, depression, humiliation, and the impact on your personal and professional life. Often a significant component of California disability discrimination recoveries.
Punitive Damages
Available in cases of willful, malicious, or oppressive conduct. Common in cases where the employer knew about the discrimination and did nothing, or manufactured a paper trail to justify an illegal decision. California imposes no cap.
Attorney's Fees & Costs
Under FEHA, if you prevail, the employer pays your attorney's fees and all litigation costs. You pay nothing out of pocket — we advance all costs on your behalf and are paid only if we win.
Reinstatement
Courts can order your employer to restore you to your position with full seniority and benefits. Most clients prefer monetary damages, but reinstatement remains a remedy and is often used as settlement leverage.
California Has Strict Deadlines — Don't Wait
For FEHA disability discrimination claims, you have 3 years from the discriminatory act to file with the Civil Rights Department. For ADA federal claims, the EEOC deadline is 300 days. The failure to accommodate and interactive process violations also run from the date of each refusal. Missing any deadline permanently bars that claim.
Evidence of what happened during the accommodation process — emails, meeting notes, HR communications — can disappear quickly. The earlier you act, the stronger your case.
Evidence That Can Support Your Disability Discrimination Case
You don't need to have gathered everything. Most employees don't realize they have a claim until after they've been let go. Here's what matters — and what you may already have access to.
Written Accommodation Requests & Denials
Emails or letters documenting your accommodation request and the employer's response — or lack of one. If the denial came with no explanation or no interactive process, that is itself strong evidence.
Medical Documentation
Doctor's notes, diagnosis letters, FMLA/CFRA certification forms, or medical records establishing your disability and any restrictions or recommendations you provided to your employer.
Timeline of Events
A written or reconstructed sequence: when you disclosed your condition → when you requested accommodation → when the treatment changed → when the adverse action occurred. Timing is often the most compelling evidence.
Emails & Internal Messages
Communications showing how your employer responded to your accommodation request, who was involved in the decision, or any statements referencing your health condition, reliability concerns, or 'liability' worries.
Comparator Evidence
Evidence that non-disabled employees in similar roles with similar performance were treated better — not fired, not placed on PIPs, or given accommodations while you were denied. Disparate treatment is powerful evidence.
Severance Agreements
If you were offered a severance agreement — do NOT sign before consulting an attorney. These agreements waive your legal claims, often for far less than your case is worth. You have time to have it reviewed.
You don't need every piece of evidence. Your testimony matters. Our attorneys know how to obtain accommodation request records, HR communications, and internal decision-making documents through the discovery process — records you don't currently have access to.
Serving Disability Discrimination Victims Across California
Our employment attorneys represent employees throughout California. We are based in Los Angeles and handle cases from these cities and surrounding areas.
Don't see your city? We serve all of California. Contact us to discuss your case.
Frequently Asked Questions
Answers to the questions we hear most from California employees with disabilities who believe they have been discriminated against or denied reasonable accommodation.
What disabilities are protected under California law?
California FEHA protects physical impairments, mental health conditions (anxiety, depression, PTSD, bipolar disorder), chronic illnesses, cancer, HIV/AIDS, diabetes, and even perceived disabilities. You don't need a formal diagnosis — if the employer treats you as having a disability, you're protected. California's definition is significantly broader than the federal ADA.
What is the interactive process for reasonable accommodation?
The interactive process is a mandatory two-way conversation between employer and employee about what accommodation would allow you to perform your job. The employer must participate in good faith, consider your input, explore alternatives, and document the discussion. Refusing to engage in the interactive process is itself an independent violation of FEHA — separate from any discrimination claim.
Can my employer fire me if my disability makes it hard to do my job?
No. Your employer must first provide a reasonable accommodation unless doing so would cause undue hardship. Firing you because of the disability itself — or without exploring accommodation options first — is discrimination. Firing you for poor performance is legal only if the performance problems exist even with a reasonable accommodation in place.
What counts as a reasonable accommodation under FEHA?
Reasonable accommodations include flexible schedules, remote work, modified duties, ergonomic equipment, extended breaks, schedule changes for medical appointments, reassignment to a vacant position, leave of absence, or modifications to the work environment. The accommodation must enable you to perform the essential functions of your job. An accommodation doesn't have to be the one you request — it just has to be effective.
Can I sue if my employer denied my request to work from home?
You may have a strong case if your doctor recommended remote work for your disability, the essential functions of the job could be performed remotely, and your employer denied the request without engaging in the interactive process or establishing undue hardship. Post-pandemic, employers have a much harder time arguing that remote work is categorically impossible.
Does California law protect mental health conditions like anxiety or depression?
Yes. FEHA explicitly and broadly protects mental health conditions including anxiety, depression, PTSD, bipolar disorder, OCD, and others. These are treated equally with physical disabilities. Your employer cannot discriminate, refuse accommodation, or take adverse action based on a mental health condition or history of treatment.
What if my employer claims the accommodation would cause undue hardship?
Undue hardship means significant difficulty or expense. The employer bears the burden of proving it. Cost alone almost never qualifies unless it would threaten the company's financial viability. Inconvenience, preference for prior workflow, or minor productivity loss is not undue hardship. Many employers claim undue hardship reflexively — our attorneys challenge these claims.
How is FEHA different from the ADA for disability discrimination?
FEHA covers employers with 5+ employees (the ADA requires 15+). FEHA's definition of disability is broader — it covers more conditions and doesn't require the impairment to 'substantially limit a major life activity' to the same degree the ADA does. FEHA provides uncapped compensatory and punitive damages, while ADA damages are capped at $300,000. California law is almost always more protective.
What damages can I recover in a disability discrimination case?
You can recover back pay, front pay, lost benefits, emotional distress damages (often substantial in disability cases), punitive damages in cases of willful or malicious conduct, and attorney's fees under FEHA. California places no cap on compensatory or punitive damages in FEHA cases. ADA damages are limited to $300,000 — another key reason to pursue California claims.
What if I was discriminated against because of a perceived disability?
You are fully protected. It doesn't matter whether you actually have a disability — if your employer treated you as though you do, or made decisions based on the belief that you have a disability, that is unlawful discrimination. Perceived disabilities are protected equally with actual disabilities under both FEHA and the ADA.
Your Disability Doesn't Disqualify You. Let's Prove It.
Our attorneys have helped over 1,000 California workers recover what they were owed. The consultation is free, everything you share is confidential, and you never pay unless we win.
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