Fired Because of a Disability in California? What to Do Next

In California, an employer with five or more employees can’t fire you because of a physical or mental disability, because it believes you have one, or because you asked for a reasonable accommodation. If you were let go soon after you disclosed a condition, asked for modified duties or took medical leave, you may have a claim under the Fair Employment and Housing Act (FEHA). You generally have three years to file with the California Civil Rights Department (CRD), but the first few weeks after a firing are when evidence is easiest to protect.

Is it illegal to be fired because of a disability in California?

Yes. FEHA makes it unlawful for an employer to discharge someone because of a physical disability, mental disability or medical condition (Gov. Code §12940(a)). It applies to any employer that regularly employs five or more people (Gov. Code §12926(d)).

FEHA doesn’t protect your job no matter what. An employer may lawfully end employment if, because of the disability, you can’t perform the essential duties of the job even with reasonable accommodation, or can’t do them without endangering yourself or others (Gov. Code §12940(a)(1)). But the employer has to explore accommodations first.

In a lawsuit, you generally need to show that your disability, or your request for accommodation, was a substantial motivating reason for the firing. It doesn’t have to be the only reason. The California Supreme Court adopted that standard in a 2013 decision.

Who counts as disabled under FEHA

A physical disability is a condition that affects a body system and limits a major life activity (Gov. Code §12926(m)). A mental disability is a mental or psychological disorder or condition that limits a major life activity (Gov. Code §12926(j)). “Limits” means the condition makes the activity difficult, judged without counting medication or other mitigating measures, and working counts as a major life activity.

The Legislature has said this is deliberately broader than the ADA, which requires a substantial limitation (Gov. Code §12926.1(c)). That section names conditions such as diabetes, epilepsy, clinical depression, bipolar disorder, multiple sclerosis and heart disease as examples. FEHA also protects you if your employer regarded or treated you as having a disability, and it separately protects a “medical condition,” such as a history of cancer or genetic characteristics (Gov. Code §12926(i)). For more, read what qualifies as a disability under FEHA.

The separate claims that often come with a disability firing

The duty to accommodate doesn’t always wait for a formal request. Under the CRD’s regulations, an employer has an affirmative duty to make reasonable accommodation once it knows of the disability (Cal. Code Regs., tit. 2, §11068(a)). See failure to accommodate.

Medical leave can be a reasonable accommodation

Many disability firings happen around medical leave: the day leave ends, the week you return or when you ask for more time. California’s regulations say that holding a job open, or extending leave provided by the California Family Rights Act (CFRA), the FMLA or a company policy, may be a reasonable accommodation if the leave is likely to let you return to work and doesn’t create an undue hardship (Cal. Code Regs., tit. 2, §11068(c)).

So a rigid “you’ve used your 12 weeks, so you’re done” approach can violate FEHA if the employer never considered a short extension or another accommodation. Separately, if you were on job-protected CFRA leave, which generally requires more than 12 months of service and at least 1,250 hours in the prior year with an employer of 5 or more employees, being fired for taking that leave can be its own violation. See FMLA and CFRA leave rights.

A hypothetical example. Maria, a warehouse worker, hurts her back, and her doctor restricts her to light lifting for six weeks. She asks for light duty. Her supervisor never responds, and two weeks later she is fired for “attendance,” counting her doctor visits as absences. Depending on the facts, Maria may have claims for disability discrimination, failure to accommodate, failure to engage in the interactive process, and retaliation for requesting an accommodation.

Signs your firing was really about your disability

Employers rarely admit the real reason. The question is whether the stated reason is true or a pretext. These patterns often point to pretext:

• Timing. The firing came soon after you disclosed a diagnosis, requested an accommodation, gave a doctor’s note or returned from leave.
• Shifting explanations. The reason in your termination meeting differs from the one in your letter, or from what the company later tells the CRD or EDD.
• A sudden paper trail. Years of good reviews, then write-ups that start only after your medical issue surfaced.
• Comments about your health. “Liability,” “can’t keep up” or “come back when you’re 100%.”
• Unequal treatment. Coworkers without disabilities did the same thing and weren’t disciplined.
• An ignored request. You asked for an accommodation and heard nothing, or got a quick “no” with no discussion.

What to do after being fired for a disability

1. Write a timeline. List the dates you told your employer about your condition, asked for accommodation, took leave, and were disciplined or fired, plus who said what.
2. Keep what’s yours. Save your termination letter, personal texts and emails with managers, doctor’s notes and accommodation requests. Don’t take confidential company files.
3. Request your personnel file and payroll records. Your employer must let you see your personnel file within 30 calendar days of a written request (Labor Code §1198.5) and provide payroll records within 21 calendar days (Labor Code §226), with a $750 penalty for noncompliance under each. See how to request your personnel file.
4. Check your final paycheck. When you’re fired, all earned wages are due immediately (Labor Code §201). A willful delay can trigger waiting-time penalties of up to 30 days of wages (Labor Code §203).
5. Apply for unemployment or disability benefits. Being fired doesn’t automatically disqualify you from unemployment; EDD looks at whether you’re unemployed through no fault of your own and able and available to work. If your condition keeps you from working right now, ask about State Disability Insurance instead.
6. Don’t sign a severance release yet. Most severance agreements ask you to give up your FEHA claims. An employer offering a separation agreement must tell you that you have the right to consult an attorney and give you at least five business days to do so (Gov. Code §12964.5(b)(4)). See our severance agreement guide.
7. Talk to an employment lawyer before you file.

Deadlines

You can file with the CRD online and ask for an immediate right-to-sue notice if you plan to go to court. A complaint filed with one agency is usually cross-filed with the other. See the CRD’s complaint process and the EEOC’s filing time limits.

What you can recover

• Back pay: wages and benefits lost from the firing to trial or settlement.
• Front pay: future lost earnings if you can’t reasonably return to comparable work right away.
• Emotional distress damages for the anxiety, humiliation and stress the firing caused.
• Attorney’s fees and costs, including expert witness fees, which a court may award to a prevailing employee (Gov. Code §12965(c)).
• Punitive damages, in some cases, where an officer, director or managing agent acted with, or approved, malice, oppression or fraud (Civil Code §3294).

Value depends on the evidence, your lost income and how the firing affected your life. A disability firing can also come with other claims: workers’ compensation if a work injury caused your condition, retaliation if you complained to HR first, CFRA leave violations, and unpaid final wages.

Frequently asked questions

Can I be fired for a disability if I’m an at-will employee?

At-will employment lets an employer fire you for many reasons, but not an illegal one, such as a disability, a perceived disability or a request for accommodation.

Can my employer fire me while I’m on medical leave?

Being on leave doesn’t make you immune from a legitimate layoff or other lawful decision. But firing you because you took protected leave, or refusing to consider a reasonable extension of leave as an accommodation, can violate CFRA and FEHA.

Do I have to tell my employer my exact diagnosis?

Generally no. You need to give enough information for your employer to know you have a condition that needs accommodation. If the disability or need isn’t obvious, the employer may ask for reasonable medical documentation, but it generally may not ask about the underlying medical cause (Cal. Code Regs., tit. 2, §11069).

Are anxiety and depression disabilities under FEHA?

They can be. A mental or psychological condition is a disability under FEHA if it limits a major life activity, including working. California law specifically names clinical depression and bipolar disorder as examples.

How long do I have to take action?

Generally three years from the firing to file with the CRD, then one year from the right-to-sue notice to sue. Evidence gets harder to gather over time, so act early.

Talk to a California employment lawyer

Employees First Labor Law represents workers exclusively, including employees fired after a diagnosis, an accommodation request or medical leave. We offer free virtual consultations to review what happened and your deadlines. Contact us online or call (310) 853-3461.

This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.