Understanding Your Rights Under California Law
In California, workers are protected by some of the strongest anti-discrimination laws in the nation. The Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate against employees or job applicants because of a physical or mental disability. But what exactly qualifies as a “disability” under FEHA — and how is it different from federal law?
At Employees First Labor Law (EFLL), we help workers understand and enforce their rights when employers fail to accommodate disabilities or engage in discriminatory practices. Here’s what you need to know.
What Is a Disability Under FEHA?
FEHA defines a disability more broadly than federal law. Under California law, a person is considered to have a disability if they have a physical or mental condition that limits a major life activity.
This includes conditions that make it more difficult (not impossible) to perform major life activities such as:
- Working
- Walking
- Seeing or hearing
- Concentrating
- Lifting or reaching
- Communicating or interacting socially
Unlike the federal Americans with Disabilities Act (ADA), which requires a “substantial limitation,” FEHA only requires a limitation — meaning California law provides stronger protections to employees.
Examples of Physical Disabilities
FEHA covers a wide range of physical conditions that can affect an employee’s ability to work. Examples include:
- Chronic illnesses (such as diabetes, asthma, or cancer)
- Neurological conditions (such as epilepsy or multiple sclerosis)
- Musculoskeletal impairments (such as back injuries or arthritis)
- Reproductive and pregnancy-related conditions
- HIV/AIDS and other immune system disorders
Temporary conditions may also qualify if they limit major life activities, such as recovery from surgery or a serious injury.
Examples of Mental Disabilities
Mental or psychological conditions are also covered under FEHA if they limit a person’s ability to think, concentrate, or interact with others. Examples include:
- Depression
- Anxiety disorders
- Bipolar disorder
- Post-traumatic stress disorder (PTSD)
- Schizophrenia
- Learning disabilities (such as dyslexia or ADHD)
Importantly, employees do not need a formal diagnosis to be protected. Evidence that a condition limits functioning in daily life can be enough.
What FEHA Also Covers: “Perceived” Disabilities
FEHA also protects workers who are regarded or perceived as disabled — even if they don’t actually have a disability.
For example:
- An employer assumes a worker can’t perform their job after a medical leave.
- A supervisor treats an employee differently because of a visible scar or past injury.
These actions are still considered disability discrimination under California law.
Employers’ Duty to Accommodate
When an employer becomes aware of a disability, FEHA requires them to engage in a timely, good-faith interactive process to identify reasonable accommodations.
Reasonable accommodations can include:
- Modified schedules or remote work
- Ergonomic equipment
- Job restructuring or reassignment
- Medical leave or flexible attendance policies
Failure to provide accommodations — or to even discuss them — is a violation of FEHA and can give rise to a wrongful termination or failure to accommodate claim.
How FEHA Differs from Federal Law (ADA)
| Key Area | FEHA (California) | ADA (Federal) |
|---|---|---|
| Definition of disability | Condition that limits a major life activity | Condition that substantially limits a major life activity |
| Employer size | Applies to employers with 5+ employees | Applies to employers with 15+ employees |
| Coverage | Broader; includes perceived disabilities and temporary conditions | Narrower; excludes short-term or minor impairments |
| Remedies | Stronger damages and attorney fee recovery | Limited remedies |
In short, FEHA provides greater protection to California workers.
What To Do If Your Employer Discriminates Against You
If you’ve been fired, denied accommodation, or treated unfairly because of a medical or psychological condition, you may have a strong claim under FEHA. You have the right to:
- Request accommodations without retaliation.
- File a complaint with the California Civil Rights Department (CRD).
- Pursue a civil lawsuit for discrimination, retaliation, or wrongful termination.
At Employees First Labor Law, we fight for workers whose rights have been violated under FEHA. Our attorneys understand the nuances of disability law and have recovered millions for California employees in similar situations.
Speak With a Disability Discrimination Attorney
If your employer ignored your disability, failed to accommodate your needs, or retaliated against you for speaking up — you are not alone. The law is on your side.
📞 Contact Employees First Labor Law today for a free, confidential consultation.
We’ll review your situation, explain your rights, and help you take the next step toward justice.
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