Disability Discrimination

Disability discrimination happens when an employer treats a qualified employee or job applicant unfavorably because of a physical or mental disability, a history of disability, or a perceived disability. Under California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), workers are protected from being fired, demoted, harassed, or passed over simply because of a medical condition. California law is broader than federal law and covers many employers with five or more employees, giving employees in Los Angeles and throughout the state some of the strongest workplace protections in the country.

Disability discrimination can take many forms. It may be obvious, such as terminating someone after they disclose a diagnosis, or subtle, such as excluding an employee from projects, cutting their hours, or building a paper trail of sudden “performance problems” after a request for medical leave. What these situations share is that the employee’s disability, rather than their actual ability to do the job, drives how they are treated.

Your Rights When Facing Disability Discrimination

If you can perform the essential functions of your job with or without a reasonable accommodation, you are generally considered a qualified employee under FEHA. That status carries important rights. Your employer has a legal duty to engage in a timely, good-faith interactive process to explore accommodations, and a corresponding duty to provide a reasonable accommodation unless doing so would create a genuine undue hardship. Refusing to have that conversation at all is itself often a violation.

Reasonable accommodations are practical adjustments that let you keep working. They can include modified schedules, remote work, ergonomic equipment, reassignment to a vacant position, or a leave of absence to recover or receive treatment. When an employer refuses to provide a workable accommodation, that may amount to a failure to accommodate. Understanding what actually qualifies as a disability is often the first step in evaluating whether your rights were violated, because the legal definition is far broader than many employees assume.

Common Examples of Disability Discrimination at Work

Disability discrimination is not limited to termination. It can appear at every stage of employment. During hiring, it may look like an employer withdrawing an offer after a medical exam or asking improper questions about a candidate’s health. On the job, it can mean denying a promotion to a qualified worker with a disability, disciplining someone for symptoms related to their condition, or refusing a simple schedule change for medical appointments. It also includes harassment, such as mocking an employee’s condition or their need for accommodations, when that conduct becomes severe or pervasive.

Many employees are surprised to learn that disability discrimination also covers people who are treated as though they have a disability even when they do not, as well as those with conditions that are managed or in remission. Chronic illnesses, mental health conditions such as depression and anxiety, injuries, and temporary but serious medical conditions can all fall within the protections of California law.

Recognizing and Proving Disability Discrimination

Employees rarely receive a written admission that they were treated differently because of a disability. Instead, these cases are usually built from timing and patterns: discipline that begins right after a diagnosis or accommodation request, shifting explanations for a termination, comments about your condition, or being treated worse than coworkers without disabilities. Keeping copies of emails, performance reviews, accommodation requests, and medical documentation can make a significant difference later.

It also helps to document conversations. If you request an accommodation, following up in writing creates a clear record that you raised the issue and gave your employer the chance to respond. If a manager makes a comment tying your performance review or schedule to your health, noting the date and what was said can be valuable. These details often reveal a pattern that a single event would not.

Disability is one of many characteristics safeguarded under California law. You can learn more about the full range of protected classes in California employment law to see how disability protections fit alongside protections for age, race, gender, pregnancy, and other categories. The California Civil Rights Department enforces these protections and provides official guidance for workers who believe their rights have been violated; you can review that guidance directly at the California Civil Rights Department.

Remedies and Taking Action

Employees who prove disability discrimination may be entitled to remedies such as back pay for lost wages, reinstatement or front pay, compensation for emotional distress, and in some cases additional damages meant to deter serious misconduct. The right remedy depends on the facts of each situation, including how the discrimination affected your job and your finances.

Deadlines in disability discrimination matters can be strict, and evidence is easiest to preserve early. If you believe you have been treated unfairly because of a disability, or your employer has refused to discuss accommodations, it is worth having your situation reviewed promptly. Our office helps California employees understand their options and, where appropriate, pursue claims for the relief they are owed. You can reach out through our contact page for a confidential consultation.

This article is intended for general informational purposes and does not constitute legal advice. Every situation is different; please consult a qualified attorney about your specific circumstances.