You’ve been working in your Orange County office for five years, and you’re good at what you do. Then one day, you’re diagnosed with diabetes. You mention to your boss that you need a few short breaks during the day to check your blood sugar. The next week, you’re written up for performance issues that never existed before. Two weeks later, you’re fired.
If this sounds familiar, you’re not alone. Despite robust legal protections, disability discrimination remains a persistent problem in workplaces throughout Orange County and across California.
What Is Disability Discrimination Under California Law?
California law provides some of the strongest protections for disabled workers in the nation. The California Fair Employment and Housing Act (FEHA), found primarily in California Government Code Section 12940, makes it illegal for employers to discriminate against employees or job applicants because of a physical disability, mental disability, or medical condition.
But what exactly counts as a disability?
California defines this much more broadly than federal law. Under California Government Code Section 12926, a physical disability includes any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects one or more body systems and limits a person’s ability to participate in major life activities.
The law also protects you if you have a mental disability, which includes any mental or psychological disorder that limits a major life activity. This can include conditions like depression, anxiety, bipolar disorder, PTSD, or obsessive-compulsive disorder.
Here’s something many people don’t realize. You don’t actually have to be disabled to be protected. California law also prohibits discrimination if your employer simply thinks you have a disability, even if you don’t. It also protects you if you have a history of a disability that no longer limits you, or if your employer associates you with someone who has a disability (like if you need time off to care for a disabled child).
Under California law, employers with five or more employees must follow these rules. This is different from federal law, which only applies to employers with 15 or more employees, giving California workers broader protection.
What Actually Constitutes Disability Discrimination?
Knowing your rights means recognizing what discrimination looks like. Some forms are obvious, but others are subtle and harder to spot.
The obvious violations include refusing to hire someone because of their disability, firing or laying off an employee due to their medical condition, denying promotions to qualified workers with disabilities, paying disabled employees less than non-disabled employees doing the same work, and forcing someone to take unpaid leave because of their disability.
The less obvious violations might surprise you. An employer who finds out you have epilepsy and suddenly becomes overly concerned about your “safety,” then moves you to a lower-paying position? That’s discrimination. A manager who constantly makes comments about your disability, even if they seem friendly or joking? That can create a hostile work environment. A company that refuses to discuss possible accommodations when you request them, or ignores your request entirely? That violates the law.
Sometimes discrimination happens during the hiring process. If a potential employer asks during an interview about your medical history or whether you have any disabilities, that’s generally illegal under California Government Code Section 12940(d). They can only ask if you’re able to perform the job’s essential functions, with or without reasonable accommodation.
How Do I Know If It’s Really Discrimination?
Not every negative employment action involving a disabled employee is discrimination. Employers can still make legitimate business decisions, and they can still hold disabled employees to the same performance standards as everyone else.
So what’s the difference? The key question is whether the employer’s decision was based on your disability or on legitimate, non-discriminatory reasons.
Legitimate employment decisions might look like this:
If you cannot perform the essential functions of your job even with reasonable accommodations, your employer is not required to keep you in that position. However, they may need to consider transferring you to a vacant position that you can perform.
If you’re consistently late, miss deadlines, or perform poorly for reasons unrelated to your disability, your employer can discipline or terminate you just like any other employee. The difference is whether your disability is causing the performance issues and whether accommodations could fix the problem.
If your requested accommodation would create an undue hardship for your employer (meaning significant difficulty or expense), they may be able to deny it. However, employers often claim “undue hardship” inappropriately. Courts look at factors like the employer’s size, financial resources, and the nature of their operations. A large corporation will have a much harder time proving undue hardship than a small business with five employees.
What crosses the line into discrimination:
Your employer fires you shortly after you disclose your disability or request accommodations, claiming it’s for “performance issues” that were never documented before. That timing matters, and it often suggests the real reason was your disability.
You’re disciplined for being late when your tardiness is directly related to your disability (like severe morning stiffness from arthritis), and your employer refused to discuss a flexible start time as an accommodation.
You’re excluded from meetings, projects, or opportunities that other employees at your level receive, and the only explanation relates to assumptions about your limitations due to your disability.
What Are Reasonable Accommodations?
One of the most important protections under California law is the right to reasonable accommodations. According to California Government Code Section 12940(m), employers must make reasonable accommodations for known physical or mental disabilities unless doing so would cause an undue hardship.
A reasonable accommodation is simply a modification or adjustment to your job, your work environment, or the way things are usually done that allows you to perform your job’s essential functions.
Common reasonable accommodations in Orange County workplaces include:
- Modified work schedules like starting later if you have a condition that makes mornings difficult, or taking more frequent breaks for medical needs (such as checking blood sugar levels for diabetes).
- Remote work arrangements part-time or full-time if your disability makes commuting difficult but you can still perform your job remotely.
- Workspace adjustments such as a sit-stand desk, ergonomic chair, special lighting, or equipment to make your workspace accessible.
- Assistive devices or technology like screen readers for visual impairments or voice recognition software if you have difficulty typing.
The Interactive Process Requirement
California law doesn’t just say employers should consider accommodations. It requires them to engage in what’s called an “interactive process” under California Government Code Section 12940(n).
This means that when you request an accommodation, or when your employer becomes aware that you might need one, they must communicate with you in good faith to identify what accommodations might work. Both sides are supposed to work together to find a solution.
The interactive process should involve an open discussion about your limitations and how they affect your ability to do your job. You might need to provide medical documentation, but your employer can only ask for information relevant to your requested accommodation. It should include a joint exploration of possible accommodations. Your employer should consider your suggestions seriously, though they’re not required to provide the exact accommodation you request if another effective option exists.
Your employer also needs to provide a timely response. They can’t just ignore your request or drag out the process indefinitely. Delays without good reason can violate the law. Both sides should document the discussions and decisions made during the process.
When employers fail to engage in this process properly, they can be held liable even if an appropriate accommodation existed. The breakdown of the interactive process itself is a violation of California law.
What Should I Do If This Is Happening to Me?
If you believe you’re facing disability discrimination in your Orange County workplace, taking the right steps can protect your legal rights and build your case.
- Document everything. Keep copies of all communications with your employer about your disability, accommodation requests, performance reviews, and any disciplinary actions. Note dates, times, and witnesses to conversations. Save emails and text messages.
- Request accommodations in writing. While you can make verbal requests, putting your accommodation request in writing creates a clear record. You don’t need to use any special language or mention specific laws. Simply explain your condition (you don’t need to share your diagnosis if the limitations are obvious) and what accommodation you need.
- Follow your employer’s procedures. If your company has a process for requesting accommodations or reporting discrimination, follow it. This protects you from retaliation and creates documentation.
- Get medical documentation. Your employer can request information from your healthcare provider about your limitations and the need for accommodation. Work with your doctor to provide clear documentation.
- Know your deadlines. California law requires you to file a complaint with the California Civil Rights Department (formerly known as DFEH) within three years from the date of the alleged discrimination for disability-based claims. This is much longer than the one-year deadline for some other types of discrimination, but don’t wait too long.
- File a complaint with the Civil Rights Department. Before you can sue your employer in court, you typically need to file a complaint with the Civil Rights Department. They’ll investigate and may try to resolve the dispute. If they can’t, they’ll issue you a “right to sue” notice that allows you to file a lawsuit.
How Does This Work with Other Leave Laws?
California’s disability discrimination protections often overlap with other laws that provide leave rights. It’s important to know how these work together.
The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) both provide up to 12 weeks of unpaid, job-protected leave for serious health conditions. If your disability qualifies as a serious health condition, you’re entitled to this leave.
But here’s the key thing many people don’t realize. Even after you exhaust your FMLA or CFRA leave, you may still be entitled to additional time off as a reasonable accommodation under FEHA. California courts have held that additional leave beyond FMLA/CFRA can be a reasonable accommodation if you’re expected to be able to return to work and perform your essential job functions after the extended leave.
Pregnancy-related disabilities also receive special protection under California law. Pregnancy Disability Leave provides up to four months of leave for pregnancy-related conditions, separate from CFRA leave. And under FEHA, pregnancy, childbirth, and related medical conditions are considered temporary disabilities requiring reasonable accommodation.
What If My Employer Retaliates Against Me?
One of the biggest fears employees have is retaliation after requesting accommodations or complaining about discrimination. California law specifically prohibits this under California Government Code Section 12940(h).
Your employer cannot punish you for requesting reasonable accommodations, filing a discrimination complaint with the Civil Rights Department, participating in an investigation into discrimination, opposing discriminatory practices, or testifying in a discrimination proceeding.
Retaliation can take many forms. The most obvious is termination, but it also includes demotion, reduction in hours or pay, negative performance reviews, being excluded from meetings or projects, increased scrutiny, or being subjected to a hostile work environment.
If you’re retaliated against, that’s a separate violation of the law, and you can pursue a claim even if your original discrimination complaint doesn’t succeed.
What Can I Recover If I Win My Case?
If you prove disability discrimination, California law allows you to recover several types of damages.
Economic damages include lost wages and benefits from the time you were wrongfully terminated or forced to quit until trial, loss of future earnings if you can’t find comparable work, and the cost of looking for a new job.
Non-economic damages compensate you for emotional distress, mental anguish, loss of enjoyment of life, and damage to your reputation. California law places no cap on these damages in employment discrimination cases, unlike some other states.
Punitive damages may be available if your employer’s conduct was especially egregious, malicious, or showed reckless disregard for your rights. These damages are meant to punish the employer and deter similar conduct.
Attorney’s fees and costs can be recovered if you win your case, which makes it possible to find an attorney willing to take your case even if you can’t afford to pay hourly fees upfront.
Key Takeaways
Your rights under California disability discrimination law are extensive. Here’s what you need to remember:
- California law protects you if you have a physical disability, mental disability, medical condition, or if your employer perceives you as having a disability. The protections apply to employers with five or more employees.
- You have the right to reasonable accommodations that allow you to perform the essential functions of your job, unless providing them would cause your employer undue hardship.
- Your employer must engage in a good-faith interactive process when you request accommodations or when they become aware you might need them.
- You’re protected from retaliation for requesting accommodations or complaining about discrimination.
- You don’t have to use any magic words or cite specific laws when requesting accommodations. A simple explanation of what you need is enough.
- Documentation is key. Keep records of all communications about your disability and accommodation requests.
- You have three years to file a complaint with the California Civil Rights Department for disability discrimination claims.
Frequently Asked Questions
Can my employer ask about my disability during a job interview?
Generally, no. Employers cannot ask about the existence, nature, or severity of a disability during the application or interview process. They can only ask whether you can perform the job’s essential functions, with or without reasonable accommodation. Once they make a conditional job offer, they can require a medical examination if they require it of all entering employees in the same job category.
What if I can’t perform all of my job duties with my disability?
The key question is whether the duties you can’t perform are “essential functions” of the job. If they’re marginal tasks that aren’t central to your position, your employer should restructure the job to remove those duties as an accommodation. If you can’t perform essential functions even with reasonable accommodations, your employer might not be required to keep you in that position, but they should consider whether any vacant positions exist that you could perform.
Do I have to tell my employer my specific diagnosis?
Not necessarily. You need to tell your employer that you have a disability that requires accommodation and explain the limitations you’re experiencing. In some cases, the need for accommodation may be obvious (like if you use a wheelchair), and you won’t need to provide any medical information. If the need isn’t obvious, your employer can request medical documentation, but they’re only entitled to information about your functional limitations and the need for accommodation, not your full medical history or diagnosis.
Can my employer deny my accommodation request if it costs money?
Cost alone doesn’t make an accommodation unreasonable. Your employer must prove that the cost would create an “undue hardship,” which is a significant difficulty or expense relative to the employer’s size, financial resources, and nature of operations. Many accommodations cost little or nothing to implement. Courts consider factors like whether the employer can spread the cost over time or obtain tax credits or deductions available for accommodations.
What if my employer claims business necessity?
“Business necessity” is a defense employers sometimes try to use, but it has a very specific legal meaning. An employer must prove that a challenged policy or practice is job-related, consistent with business necessity, and that no reasonable accommodation exists. Simply claiming something is necessary for business isn’t enough. They need to demonstrate that eliminating or modifying the requirement would actually undermine legitimate business purposes.
What happens if my condition gets worse over time?
If your condition changes or worsens, you can request additional or different accommodations. The interactive process isn’t a one-time event. Your employer has an ongoing duty to reasonably accommodate you as your needs change, as long as you can still perform the essential functions of your job with accommodations.
Can I be fired for poor performance related to my disability?
It depends. If your poor performance is directly related to your disability and reasonable accommodations could improve your performance, your employer should provide those accommodations before disciplining or firing you. However, if you’re unable to perform essential job functions even with accommodations, or if your performance issues are unrelated to your disability, your employer may be able to take disciplinary action.
Contact Us
Facing disability discrimination at work can feel overwhelming, isolating, and deeply unfair. You might be worried about losing your job, paying your bills, or whether anyone will believe you. At WorkRight Law APC, we’ve seen firsthand how disability discrimination impacts people’s lives and livelihoods, and we’ve helped countless employees throughout Orange County stand up for their rights.
We know California employment law inside and out. Whether you need help requesting accommodations, responding to retaliation, or fighting back against discrimination, we’re here to help. We’ll listen to your story, review your situation, and give you honest advice about your options.
Don’t wait until it’s too late to protect your rights. Many employees wait too long, hoping the situation will improve on its own. By the time they seek help, important evidence has been lost, deadlines have passed, or the discrimination has become worse. Visit our website to schedule a consultation and let’s talk about what happened, what your rights are, and how we can help you move forward.
