California disability discrimination lawyersMany disabilities don’t show.California law protects you either way.
Depression, diabetes, epilepsy, a history of cancer: many of the conditions California law protects are ones a coworker would never notice. Visible or not, your employer can’t treat you worse because of a disability, has to talk with you in good faith about accommodations, and can’t punish you for asking.
- Exclusively for workers
- Free virtual consultations
- Since 2012
- Lea esta página en español
Conditions California law can coverMany of them, you’d never see.
- Clinical depression
- Diabetes
- Cancer, or a history of it
- Epilepsy
- Post-traumatic stress disorder
- Heart disease
- Deafness
- Bipolar disorder
- HIV/AIDS
- Multiple sclerosis
- Hepatitis
- Obsessive compulsive disorder
- Autism spectrum disorders
- Seizure disorder
- Learning disabilities
- Blindness
- Cerebral palsy
- Schizophrenia
- Genetic characteristics
- Even temporary ones, like a broken bone
Every condition above is named in California’s disability law or its regulations. Most are covered when they limit a major life activity, which in California simply means making it difficult. Cancer and genetic characteristics are protected as a “medical condition.” The list is not complete, and it is not tied to anyone pictured. Gov. Code §§ 12926, 12926.1; Cal. Code Regs., tit. 2, § 11065; CRD
Your case, live on your phone.
We built our own case management software — and our clients get a window into it. Open the dashboard to see where your case stands, what's next, and who's working on it.
-
Where your case stands
See what's happening and what comes next, without waiting on a call back.
-
Appointments & key dates
Your upcoming meetings, calls and case events in one timeline.
-
Upload evidence
Send photos, pay stubs, texts and documents straight from your phone to your file.
-
Message your team
Reach the people working on your case directly, from the same screen.
Built in-house by Employees First. Not off-the-shelf software.
Free Case ReviewWho California protects
A broader definition than federal lawCalifornia wrote its disability law to stand on its own, and it sets a lower bar.
The California test
Does the condition make a major life activity difficult?
Federal law asks whether a condition “substantially limits” you. California asks only whether it limits you, meaning it makes something difficult. Working counts as a major life activity, and the question is answered without the medication, devices or therapy that help you.
Gov. Code §§ 12926(j), (m), 12926.1(c); Cal. Code Regs., tit. 2, § 11065(l)
- 01
Physical disability
A condition affecting a body system (nervous, musculoskeletal, heart, lungs, senses, digestion, skin and more) that limits a major life activity. The California Civil Rights Department says even temporary conditions, like a broken bone or pneumonia, can qualify.
Gov. Code § 12926(m); CRD
- 02
Mental disability
Any mental or psychological disorder or condition that limits a major life activity, including emotional or mental illness and learning disabilities. A condition that comes and goes, or is in remission, counts if it would limit you when active.
Gov. Code § 12926(j); 2 CCR § 11065(d)(1), (l)(3)(E)
- 03
Medical condition
A health impairment related to cancer, including a record or history of cancer, and genetic characteristics. California protects these separately.
Gov. Code § 12926(i)
- 04
A record or history
Having had a disability in the past, or being on record as having one, when your employer knows about it.
2 CCR § 11065(d)(4)
- 05
What they assume
Being treated as if you have a disability, whether or not you do. If your employer acts on a belief about your health, the law can apply.
Gov. Code § 12926(o); 2 CCR § 11065(d)(5)
- 06
Who you care for
Being treated worse because you are associated with someone who has a disability, such as a family member you care for.
Gov. Code § 12926(o)
What counts as discrimination
It isn’t only firingDisability discrimination often looks like paperwork, silence or a policy. These are the patterns we see.
Treated worse because of a disability
Not hired, passed over for promotion or training, demoted, or let go because of a disability or medical condition. An employer can act only if you can’t do the essential duties of the job even with reasonable accommodation.
Gov. Code § 12940(a), (a)(1)
An accommodation refused
Your employer knew about your disability and didn’t make a reasonable accommodation, without showing it would cause undue hardship.
Gov. Code § 12940(m)(1)
No real conversation
You asked for help and got silence, delay or a flat no. The law requires a timely, good-faith interactive process, and skipping it can be a separate violation.
Gov. Code § 12940(n)
Punished for asking
Written up, cut hours or let go after requesting an accommodation, whether or not the request was granted, or after opposing discrimination.
Gov. Code § 12940(m)(2), (h)
Harassment
Mocking, slurs or hostility about a disability. Harassment is prohibited at every employer, even one with fewer than five employees.
Gov. Code § 12940(j); CRD
Improper medical questions
Medical exams or questions about your health before a job offer are generally barred. For current employees, they must be job-related and consistent with business necessity.
Gov. Code § 12940(e), (f)
Forced onto leave
Sent home on leave when you could keep working with a different accommodation. The regulations say an employer may not require leave in that situation.
2 CCR § 11068(c)
“Come back when you’re 100%”
A “fully healed” rule before you can return after an illness or injury, without an individual look at what you can do.
2 CCR § 11068(i)
The duty to accommodate
The law requires a conversationCalifornia calls it the interactive process. Your employer can’t skip it.
It starts
You ask for an accommodation. The duty also starts when your employer learns you need one some other way, such as from someone else or by seeing it, or when your leave runs out and you still need help.
2 CCR § 11069(b)
A real conversation
Your employer must work with you, in a timely way and in good faith, to identify possible accommodations and how well each would work. It must consider what you prefer, though it can choose among effective options.
Gov. Code § 12940(n); 2 CCR § 11069(c)(7)–(8)
Paperwork, within limits
If your disability or need isn’t obvious, your employer can ask for reasonable medical documentation. It can’t ask for unrelated documentation, which in most cases includes your complete medical records. You’re expected to cooperate in good faith too.
2 CCR § 11069(c)(2), (d), (d)(5)
A decision
Your employer grants the request, or rejects it only after real consideration and a discussion of alternatives.
2 CCR § 11069(c)(1)
Accommodation refused? See our failure to accommodate page. Medical leave questions: FMLA and CFRA leave rights.
California vs. federal law
Two laws. California’s reaches further.California’s Fair Employment and Housing Act (FEHA) works alongside the federal Americans with Disabilities Act (ADA).
Where the federal definition of disability would protect you more, California’s regulations apply the broader federal definition. 2 CCR § 11065(d)(8)
Deadlines
The clock is runningDrawn to scale, from the last thing your employer did.
Federal chargeEEOC
California complaintCivil Rights Department
- Three years to file with the CRD.In employment cases, the intake form generally must reach the Civil Rights Department within three years of the date you were last harmed.
- One year after the right-to-sue notice.Before suing under FEHA you need a right-to-sue notice, which you can request immediately. You then generally have one year from the date of the notice to file in court.
- The federal clock is shorter.An EEOC charge in California generally must be filed within 300 days. Some deadlines can be extended in narrow situations; don’t count on it.
CRD complaint process; Gov. Code §§ 12960(e), 12965(c); EEOC, Time Limits for Filing a Charge
Results
Results for California workersExclusively for workers, serving California since 2012.
$200M+
Recovered
Combined recoveries in cases handled by our attorneys including employment and injury matters. Every case is different, and past results do not guarantee a similar outcome.
$1,100,000
Arbitration Award
Associational Disability Discrimination
$1,200,000
Settlement
Disability Discrimination & Wrongful Termination
$5,150,000
Settlement
Work Injury & Wrongful Termination (Hansen v. UPS)
Prior results do not guarantee a similar outcome.
See all case resultsWhat a FEHA case can recover
- Back pay
- Front pay
- Emotional distress damages
- Punitive damages
- Attorney’s fees and costs
California Civil Rights Department, Employment; Gov. Code § 12965(c)(6). What applies depends on your case.
What to do now
Five things to do this weekSmall steps now make a case much stronger later.
You don’t have to have it all figured out. Talk to us first if you’re unsure about any step.
Write down the dates
When you told your employer, what you asked for, what they said and who was there. Notes made close to the time are the most useful.
Keep copies you’re allowed to keep
Your accommodation requests and the replies, write-ups, schedules and the doctor’s notes you’re allowed to keep. Don’t take confidential company files.
Ask in writing
Even if you already asked out loud, put your accommodation request in an email or letter and save a copy.
Don’t sign a severance release yet
Severance agreements often include a release that gives up your claims. Have it reviewed before you sign anything.
Call for a free virtual consultation
Call (310) 853-3461 or start a free case review. English or Spanish.
Questions
Disability discrimination questions, answered
Plain answers to what workers ask us most. Every situation is different; a free virtual consultation is the fastest way to know where you stand.
Does my condition count as a disability in California?
It can, if it limits a major life activity, which California defines as making it difficult. Working counts as a major life activity, and the question is answered without the medication, devices or therapy that help you.
The law names conditions such as depression, diabetes, epilepsy, heart disease and a history of cancer. The California Civil Rights Department says even temporary conditions, like a broken bone or pneumonia, can qualify.
Do I have to tell my employer my diagnosis?
Your employer has to know you have a disability that needs an accommodation. If the disability or the need isn’t obvious, it can ask for reasonable medical documentation that confirms a limiting condition and explains why you need the accommodation.
It can’t ask for unrelated documentation, which in most cases includes your complete medical records. Once it has reasonable documentation, it can’t ask about the underlying medical cause.
Can I be fired for having a disability?
Not because of the disability. An employer can act only if you can’t perform the essential duties of the job even with reasonable accommodation, and it has to explore accommodations with you first, in a timely, good-faith interactive process. Options can include leave for treatment and recovery or reassignment to a vacant position.
Can my employer punish me for asking for an accommodation?
No. California law makes it illegal to retaliate or discriminate against you for requesting an accommodation, whether or not the request was granted.
My employer is small. Do these rules apply?
California’s disability discrimination and accommodation rules cover employers with five or more employees. Harassment is prohibited at every workplace, even one with fewer than five employees. The federal ADA covers employers with 15 or more.
I was treated differently because of a family member’s disability. Is that covered?
It can be. California protects workers who are treated worse because they are associated with a person who has, or is believed to have, a disability. Our $1,100,000 arbitration award came in an associational disability discrimination case. Prior results do not guarantee a similar outcome.
How long do I have to act?
For a California claim, you generally must file with the Civil Rights Department within three years of the date you were last harmed, then file suit within one year of the right-to-sue notice. A federal EEOC charge in California generally must be filed within 300 days. Talk to a lawyer early; evidence and memories fade.
What does it cost to talk to you?
Nothing. We offer free virtual consultations.
We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
Seen or unseen, you have rights at work
Tell us what happened. A free virtual consultation, in English or Spanish, with a team that works exclusively for workers.
- Workplace discrimination
- Failure to accommodate
- Wrongful termination
- Retaliation
- Workers’ compensation
- All employment law
We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
Free Case Consultation
Don’t lose benefits due to delay.
OFFICE LOCATIONS
Pasadena
1 S. Fair Oaks Ave., Suite 200, Pasadena, CA 91105
18100 Von Karman Ave, Suite 850, Irvine, CA 92612
One World Trade Center, 8th Floor, Long Beach, CA 90831
2655 N. Pine Street, Pomona, CA 91767
11801 Pierce St., Suite 200, Riverside, CA 92505
4900 California Ave B-210, Bakersfield, CA 93309
8050 N Palm Ave Suite 347, Fresno, CA 93711