Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of a physical or mental disability. California law provides expansive protections for disabled workers, requiring employers to engage in an interactive process and provide reasonable accommodations. If your employer has failed to accommodate your disability, terminated you because of a medical condition, or harassed you based on your disability, you have legal rights.
FEHA defines disability more broadly than the federal Americans with Disabilities Act (ADA). It covers conditions that merely 'limit' a major life activity — not just those that 'substantially limit' as required by the ADA. It also covers episodic conditions in remission, such as cancer, multiple sclerosis, epilepsy, and mental health conditions.
California requires employers to engage in a timely, good-faith interactive process with an employee to determine effective reasonable accommodations. Reasonable accommodations can include modified work schedules, reassignment to a vacant position, job restructuring, modified equipment, assistive technology, or leave beyond FMLA/CFRA.
California law recognizes both failure to provide reasonable accommodation and failure to engage in the interactive process as separate causes of action. An employer cannot simply deny an accommodation request — they must actively work with the employee to identify possible accommodations, and a failure to do so can independently support a claim.
Under FEHA, disability is broadly defined and includes physical disabilities, mental disabilities, medical conditions such as cancer, and conditions that may be perceived as disabilities even if they are not actually disabling. FEHA protects employees who have a history of disability, who are perceived as disabled, or who are associated with a disabled person. Employers must provide reasonable accommodations unless doing so would cause an undue hardship.
Reasonable accommodations vary by case but can include ergonomic equipment, modified work schedules, remote work, job restructuring, reassignment to a vacant position, leave of absence, modified supervisory methods (e.g., written instructions for someone with an auditory processing disorder), or making the workplace physically accessible.
You are not required to disclose your disability unless you are requesting an accommodation. However, if your employer is unaware of your disability, it may not be liable for failing to accommodate it. Disclosure should be made to HR or a supervisor, and you should clearly state that you are requesting an accommodation.
California law limits when employers can require medical examinations. They are generally permitted only when job-related and consistent with business necessity after an offer of employment has been made and in similar circumstances for all employees in the same job classification. Random or unjustified medical inquiries may violate FEHA.
We have extensive experience with California's uniquely broad disability protections. Our firm understands the nuances of the interactive process, the range of accommodations available, and the strategies employers use to avoid their obligations. We work closely with clients to document accommodation requests, employer responses, and the impact of discrimination to build the strongest possible case.
We work on a contingency fee basis, meaning you don't pay us unless we win your case.
We have a proven record of securing substantial compensation for our clients.
Your disability should not be a barrier to your career. If your employer has denied you accommodations or discriminated against you because of a disability, contact The Azizi Firm for a free consultation. We represent disabled workers on a contingency fee basis — no fees unless we recover for you.
Don't settle for less than you deserve. Reach out to us for a free, confidential evaluation with no risk, and let us help you achieve the best possible outcome in your case.
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