Your hands shake as you open the termination letter. Last month, you requested a modified work schedule to attend physical therapy appointments. Today, you’re out of a job. Your employer claims it’s about “performance issues,” but the timing feels suspicious. You’re not alone in wondering whether this is actually legal.
The answer isn’t as simple as yes or no. California has some of the strongest disability protections in the nation, yet thousands of workers still face discrimination. Whether your termination is lawful depends on the specific circumstances surrounding your situation.
What California Law Says About Disability Discrimination
California protects workers through the Fair Employment and Housing Act (FEHA), codified at California Government Code Section 12940. This state law goes further than its federal counterpart, the Americans with Disabilities Act (ADA), providing broader protections for Orange County workers.
FEHA applies to employers with five or more employees, while the ADA only covers employers with 15 or more. This means many small businesses in Orange County fall under California’s stricter requirements.
Under FEHA, employers cannot fire, refuse to hire, or discriminate against employees because of their physical disability, mental disability, or medical condition. The law also prohibits discrimination based on the perception that someone has a disability, even if they don’t actually have one.
How California Defines Disability
California’s definition of disability is notably more inclusive than federal law. Under FEHA, a disability includes any physical or mental condition that limits a major life activity. Unlike the ADA, which requires a condition to “substantially limit” such activities, California law only requires that it “limit” them.
This distinction matters. Conditions that might not qualify for federal protection often receive protection under California law. Chronic migraines, anxiety disorders, irritable bowel syndrome, and arthritis can all qualify as disabilities under FEHA.
Medical conditions also receive protection. This category includes cancer, genetic characteristics that may lead to disease, and any health impairment related to these conditions, even if symptoms aren’t currently present.
When Firing Someone with a Disability Is Illegal
Several scenarios make terminating an employee with a disability unlawful under California law.
Direct Discrimination
Firing someone specifically because they have a disability violates FEHA. This includes terminating an employee immediately after they disclose a medical condition or reveal they’re undergoing treatment.
Failure to Provide Reasonable Accommodations
Employers must make reasonable modifications to help employees with disabilities perform their job duties. Refusing to provide these accommodations when they don’t cause undue hardship constitutes discrimination.
Reasonable accommodations might include adjusted work schedules, modified duties, ergonomic equipment, or the ability to work from home. Even a leave of absence can serve as a reasonable accommodation when it allows an employee to recover and return to work.
Refusing to Engage in the Interactive Process
California law requires employers to engage in a good faith “interactive process” when they become aware of an employee’s disability. This process involves open communication to identify potential accommodations that would enable the employee to perform their job.
Employers who refuse to have this conversation or who go through the motions without genuinely exploring options violate the law. According to California Government Code Section 12940(n), failing to engage in a timely, good faith interactive process is itself unlawful.
Retaliation
Firing someone because they requested an accommodation is illegal, even if the employer ultimately denied the request. California Government Code Section 12940(m)(2) specifically prohibits retaliation against employees who request accommodations.
This protection extends to employees who complain about how their accommodation request was handled or who file discrimination complaints.
Creating a Hostile Work Environment
Subjecting employees to harassment because of their disability creates an unlawful hostile work environment. This includes mocking someone’s condition, making derogatory comments about their limitations, or treating them as inferior because of their disability.
The Difference Between Lawful Termination and Disability Discrimination
Not every termination of an employee with a disability is illegal. Employers can lawfully fire workers with disabilities under certain circumstances.
Legitimate, Non-Discriminatory Reasons
Employers can terminate employees for reasons unrelated to their disability. Poor performance that existed before the disability arose, violations of company policy, or legitimate business restructuring can all justify termination.
The key is that the disability cannot be a motivating factor in the decision. If an employee consistently missed deadlines for months before developing a disability, the employer can still address those performance issues. However, if the employer ignored similar behavior from non-disabled employees, that suggests discrimination.
Inability to Perform Essential Job Functions
Even with accommodations, some employees cannot perform the essential functions of their position. When this occurs, termination may be lawful.
Essential functions are the fundamental duties of the job, not marginal tasks. Courts consider several factors when determining what qualifies as essential, including whether the position exists to perform that function, the number of employees available to perform it, and the expertise required.
For example, if a delivery driver loses their license due to a medical condition and cannot obtain a medical exemption, they cannot perform the essential function of driving. No reasonable accommodation changes this fact.
Undue Hardship to the Employer
Employers don’t have to provide accommodations that create undue hardship. Under California Government Code Section 12926(u), undue hardship means an action requiring significant difficulty or expense.
Courts consider multiple factors when evaluating undue hardship, including the accommodation’s nature and cost, the employer’s overall financial resources, the size of the business, and the impact on operations.
However, proving undue hardship is difficult. Employers must provide specific evidence, not vague claims that an accommodation is “too expensive” or “inconvenient.” A $300 ergonomic chair rarely constitutes undue hardship for a company with substantial revenue.
Direct Threat to Safety
Employers can refuse to hire or can terminate employees who pose a direct threat to the health or safety of themselves or others that cannot be eliminated through reasonable accommodation.
This defense requires objective evidence, not speculation. The employer must show that the risk is significant and current, not remote or speculative. Medical documentation typically plays a role in these determinations.
Common Scenarios – Legal or Illegal?
Question: My employer fired me two weeks after I requested time off for surgery. Is this legal?
The timing raises red flags. While employers can terminate employees for legitimate reasons, firing someone shortly after an accommodation request suggests possible retaliation. The employer would need to prove the termination was based on performance issues or other factors that existed before your request and would have led to termination regardless.
Question: I was fired because I couldn’t lift 50 pounds due to a back injury. I asked for help with heavy items, but my employer refused. Can they do this?
This likely violates FEHA. If lifting heavy items occasionally isn’t an essential function of your job, or if having coworkers assist with heavy lifting doesn’t create undue hardship, your employer should have accommodated you. The employer needed to engage in the interactive process to explore possible solutions.
Question: I have depression and was performing poorly at work. My employer didn’t know about my condition. They fired me for the performance issues. Is this discrimination?
Employers generally must accommodate disabilities they know about (or should reasonably be aware of) and must participate in a timely, good-faith interactive process. If you never disclosed your depression or requested accommodations, the employer had no duty to engage in the interactive process. However, if your depression was obvious or if you mentioned struggling with mental health, the employer might have had a duty to initiate a conversation about accommodations.
Question: I requested a standing desk for my condition. My employer said it was too expensive and fired me instead. Is this legal?
Many ergonomic accommodations are relatively low-cost, and employers usually need specific evidence—not general assertions—to prove undue hardship. Simply claiming it’s too expensive doesn’t meet this burden.
Question: My employer offered me a different position to accommodate my disability, but I preferred to stay in my current role with modifications. They fired me when I refused the transfer. Can they do that?
This depends on several factors. If the employer genuinely explored accommodations for your current position but couldn’t identify any that didn’t create undue hardship, offering a comparable alternative position might satisfy their obligations. However, if reasonable accommodations existed for your current role, forcing you to transfer could violate FEHA.
Question: I was on medical leave under FMLA when my employer eliminated my position due to budget cuts. Other employees were laid off too. Is this discrimination?
Not necessarily. If the layoff was part of a legitimate reduction in force affecting multiple employees, and your disability wasn’t a factor in selecting you for termination, this might be lawful. However, if the timing seems suspicious or if similarly situated employees without disabilities kept their jobs, this could suggest discrimination.
Key Takeaways
California law provides robust protections against disability discrimination, but not every termination of someone with a disability is illegal. When evaluating your situation, remember:
- Employers with five or more employees must comply with FEHA’s disability protections
- California’s definition of disability is broader than federal law, covering more conditions
- Employers must engage in a good faith interactive process to identify reasonable accommodations
- Retaliation for requesting accommodations is illegal, regardless of whether the request was granted
- Timing matters when suspicious circumstances surround your termination
- Employers can fire employees with disabilities for legitimate, non-discriminatory reasons unrelated to the disability
- The employer bears the burden of proving undue hardship if they refuse to provide accommodations
- Inability to perform essential job functions, even with accommodation, can justify termination
- Documentation of your accommodation requests and your employer’s responses strengthens your legal position
Frequently Asked Questions
How long do I have to file a disability discrimination claim in California?
You must file a complaint with the California Civil Rights Department (CRD) within three years of the last discriminatory act. After receiving a right-to-sue notice, you have one year to file a lawsuit in civil court.
What damages can I recover if I prove disability discrimination?
California law allows recovery of back pay, front pay, emotional distress damages, punitive damages (if the employer acted with malice or reckless indifference), and attorneys’ fees. Courts can also order reinstatement or policy changes.
Do I need to have a formal diagnosis to be protected?
While having medical documentation strengthens your case, California law protects people who are “regarded as” having a disability, even without a formal diagnosis. If your employer treats you as if you have a disability and discriminates against you for that reason, you may have a claim.
Can my employer ask for medical documentation?
Employers can request medical certification of your need for reasonable accommodation. However, they cannot demand detailed medical records or information beyond what’s necessary to verify your condition and accommodation needs. Medical information must be kept confidential and stored separately from your personnel file.
What if I’m an at-will employee?
California’s at-will employment doctrine means employers can generally terminate employees for any reason or no reason. However, this doesn’t override anti-discrimination laws. Employers cannot fire at-will employees for discriminatory reasons, including disability discrimination.
My employer claims my disability makes me unable to do my job. How do I challenge this?
Employers must show you cannot perform essential functions even with reasonable accommodation. Document your ability to perform job duties, suggest specific accommodations that would help, and be prepared to show that others perform similar roles with comparable limitations. Medical evidence supporting your ability to work with accommodations strengthens your position.
Contact Us
If you believe your employer fired you because of your disability or failed to provide reasonable accommodations, you deserve answers. California law protects your right to work without discrimination, and holding employers accountable helps ensure fair treatment for all workers.
At WorkRight Law APC, we focus on protecting the rights of Orange County workers facing disability discrimination. We take the time to understand your unique situation and fight for the justice you deserve.
Don’t let an employer’s illegal actions go unchallenged. The law is on your side, and we’re here to help you enforce your rights. Contact our office today for a confidential consultation about your case. We’ll review what happened, explain your legal options, and help you determine the best path forward.
You don’t have to face this alone. Let us stand with you and work toward the resolution you need to move forward with your life and career.
