A Los Angeles disability discrimination lawyer at Abramson Labor Group represents employees who were fired, demoted, denied medical leave or refused an accommodation because of a physical or mental condition. California’s Fair Employment and Housing Act (FEHA) covers employers with five or more workers. A condition only has to make a major life activity difficult, not substantially limit it as federal law requires (Gov. Code 12926.1(c), 12926(j)). We work on contingency, and the case review is free.
Key Takeaways
- FEHA makes it illegal to refuse to hire, fire, or treat an employee worse in pay or job terms because of a physical or mental disability (Gov. Code 12940(a)).
- A condition counts if it limits a major life activity, meaning it makes the activity difficult. Federal law requires a substantial limitation (Gov. Code 12926.1(c)).
- Your employer must provide a reasonable accommodation for a known disability unless it proves undue hardship, and must engage in a timely, good faith interactive process (Gov. Code 12940(m)(1), (n)).
- Asking for an accommodation is protected, whether or not the employer grants it (Gov. Code 12940(m)(2)).
- You generally have three years to file with the California Civil Rights Department (CRD), then one year after a right-to-sue notice to file in court (Gov. Code 12960(e)(5), 12965(c)(1)(D)).
Why Los Angeles Employees Choose Abramson Labor Group
Abramson Labor Group is an employment law firm that represents workers, not employers. As Los Angeles disability discrimination attorneys, we take cases from across Los Angeles County, and the firm’s record is public.
- Reviews: 4.5 stars across more than 2,000 Google reviews (as of November 2026).
- Results: documented outcomes include $500K and $270K for pregnancy discrimination clients, $1.7M for a wrongful termination client and $1.5M for a sexual harassment client. See our case results. Past results do not guarantee a similar outcome.
- Leadership: founding partner Zev Abramson started the firm in 2015. He earned his J.D. at Loyola Law School and belongs to the California Employment Lawyers Association and the Consumer Attorneys Association of Los Angeles.
- Language access: consultations in English and Spanish, with intake in Armenian.
- Cost: contingency fees. You pay no attorney fees unless we recover money for you.
What Counts as a Disability Under California Law?
Under FEHA, a physical or mental condition is a disability if it limits a major life activity, and it does so when it makes that activity difficult (Gov. Code 12926(j), (m)). The law tells courts to read the definition broadly. Your condition is judged without counting medication, devices or other mitigating measures, unless the measure itself limits a major life activity (Gov. Code 12926.1(c)).
FEHA also protects you if your employer regards or treats you as disabled, wrongly believes you have a disability, or treats you worse because of someone you are associated with, such as a disabled child (Gov. Code 12926(j), (m), (o)). “Medical condition” is a separate protected characteristic in Gov. Code 12940(a), and it includes any health impairment related to a diagnosis or history of cancer (Gov. Code 12926(i)(1)).
The Legislature also named examples. Chronic or episodic conditions “such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease” are disabilities under California law (Gov. Code 12926.1(c)).
How California’s FEHA Protects More Than Federal Law
| Rule | What FEHA says | Source |
|---|---|---|
| Level of limitation | A “limitation” on a major life activity is enough. Federal law requires a substantial limitation. | Gov. Code 12926.1(c) |
| Medication and devices | The condition is judged without mitigating measures, unless the measure itself limits a major life activity. The federal ADA uses a similar rule but counts ordinary eyeglasses and contact lenses. | Gov. Code 12926.1(c); 42 U.S.C. 12102(4)(E) |
| Working | Under California law, working itself is a major life activity. | Gov. Code 12926.1(c) |
| Perceived disability | Covered if the employer regards or treats you as disabled. | Gov. Code 12926(j), (m), (o) |
| Association | Covered if you are treated worse because of a disabled family member or other associate. | Gov. Code 12926(o) |
| Broader federal rules | Where federal law gives more protection, that protection becomes part of FEHA. | Gov. Code 12926(n) |
| Employer size | Five or more employees. Harassment rules cover employers with one or more. The federal ADA covers employers with 15 or more. | Gov. Code 12926(d), 12940(j)(4)(A); 42 U.S.C. 12111(5)(A) |
What Does Disability Discrimination Look Like at Work?
Disability discrimination is any job decision driven by your condition, or a failure to meet the duties FEHA places on employers. It often shows up soon after an employee discloses a diagnosis or asks for help.
- A firing or demotion shortly after you disclosed a diagnosis.
- A refused accommodation, with no real discussion of other options.
- An employer that ignores your request instead of starting the interactive process.
- Being kept off the schedule, or not allowed back after medical leave.
- A job offer pulled after you mentioned a condition.
- Jokes or insults about your condition from a manager or coworkers, which can be disability harassment under Gov. Code 12940(j).
- Write-ups or cut hours after you asked for an accommodation.
What Are Your Rights to an Accommodation and the Interactive Process?
Your employer must make a reasonable accommodation for a known physical or mental disability. It can refuse only by showing that the accommodation would cause an undue hardship, a term defined in Gov. Code 12926(u) (Gov. Code 12940(m)(1)). Your employer must also engage in a timely, good faith interactive process with you to find an accommodation that works (Gov. Code 12940(n)). Skipping that process is its own violation.
| Requests that come up often | What it can look like |
|---|---|
| Schedule change | Later start time, shorter shifts or no overnight work during treatment |
| Time off for treatment | Leave for surgery, therapy or medical appointments |
| Remote work | Working from home for some or all days |
| Equipment | A sit-stand desk, screen reader or ergonomic tools |
| Changed duties | Removing a lifting task or other duty the condition limits |
| Reassignment | Moving to a vacant position you can perform |
FEHA’s own examples include making facilities accessible, job restructuring, part-time or modified schedules and reassignment to a vacant position (Gov. Code 12926(p)). An employer may refuse only if the accommodation would cause undue hardship, which the statute defines as significant difficulty or expense (Gov. Code 12926(u)).
Whether a request is reasonable depends on the job and the facts. The interactive process exists to work that out with you.
Can Medical Leave Be an Accommodation?
Yes. FEHA regulations treat paid or unpaid leave as a possible reasonable accommodation when the leave is likely to help you return to work, though an employer does not have to grant indefinite leave (Cal. Code Regs., tit. 2, 11068(c)). Separately, the California Family Rights Act (CFRA) gives eligible employees up to 12 workweeks of medical leave in a 12-month period. It covers employers with five or more employees and workers with more than 12 months of service and at least 1,250 hours in the prior 12 months (Gov. Code 12945.2(a), (b)(4)(A)). Firing or punishing you for taking CFRA leave is unlawful (Gov. Code 12945.2(k)(1)). A denied leave request can support a failure-to-accommodate claim, a CFRA claim, or both.
How to Ask for an Accommodation
- Put the request in writing, by email if possible, so it has a date.
- Describe what the condition makes difficult and what would help.
- Keep copies of doctor’s notes you give your employer.
- Answer your employer’s questions and save every reply.
- Write down dates of meetings and what was said.
How Do You Prove Disability Discrimination in California?
In a jury trial, the employee must show the disability was a “substantial motivating reason” for the firing, demotion or other action (CACI No. 2500). The California Supreme Court adopted that standard in Harris v. City of Santa Monica (2013) 56 Cal.4th 203. Few employers admit the real reason, so proof usually comes from the facts around the decision.
- Timing: good reviews before the diagnosis or request, then sudden problems after it.
- Comments about your condition, your leave or your “reliability.”
- Coworkers without a disability who kept their jobs after similar issues.
- Emails showing the employer never discussed an accommodation with you.
- A reason for the decision that changed over time.
California law treats three different failures as separate claims, and one case can include all three. The jury instructions list what the employee must show for each:
| Claim | Key points the employee must show | Jury instruction |
|---|---|---|
| Disability discrimination | The employer knew of the condition, you could do the essential duties with or without accommodation, and the disability was a substantial motivating reason for an adverse action | CACI No. 2540 |
| Failure to accommodate | Your condition limited a major life activity, you could do the job with a reasonable accommodation, and the employer did not provide one | CACI No. 2541 |
| Failure to engage in the interactive process | You asked for an accommodation, you were willing to take part, and the employer did not engage in a timely, good-faith process | CACI No. 2546 |
Our guide on how to prove disability discrimination covers evidence in more detail.
Can Your Employer Retaliate for Asking for an Accommodation?
No. Gov. Code 12940(m)(2) bars retaliation against a person for requesting an accommodation for a disability, whether or not the request was granted. Gov. Code 12940(h) separately protects employees who oppose discrimination or file a complaint. If you were punished after taking protected medical leave, see what to do about retaliation for taking leave. Read more about workplace retaliation and what counts as retaliation under California law.
What Can You Recover in a Disability Discrimination Case?
A FEHA claim can recover lost pay and benefits, compensation for emotional distress and, in some cases, punitive damages and attorney fees. There is no standard value. The amount depends on the pay you lost, how long you were out of work, the evidence and how the employer acted.
| Type of recovery | What it covers |
|---|---|
| Lost wages and benefits | Pay, bonuses and benefits you lost because of the decision |
| Emotional distress | Anxiety, humiliation and other harm the discrimination caused |
| Punitive damages | Available only with clear and convincing proof of oppression, fraud or malice (Civ. Code 3294) |
| Attorney fees and costs | A court may award fees to the employee who wins (Gov. Code 12965(c)(6)) |
Harris also limits recovery in one situation. If the employer proves it would have made the same decision anyway, the court may not award damages, back pay or reinstatement, though it may still order the practice stopped and award attorney fees.
How Long Do You Have to File a Disability Discrimination Claim?
For FEHA disability discrimination, you generally have three years from the discriminatory act to file a complaint with the CRD (Gov. Code 12960(e)(5)). Filing the CRD intake form counts as filing (Gov. Code 12960(b)). After the CRD issues a right-to-sue notice, you have one year from the date of that notice to file in court (Gov. Code 12965(c)(1)(D)). Medical records and witness memories fade long before these limits run out, so get advice soon.
How Does a Los Angeles Disability Discrimination Case Move Forward?
- Free case review. A member of our team learns what happened, what you asked for and what documents you have.
- CRD complaint and right-to-sue notice. Your lawyer can request the notice so the case can move to court.
- Lawsuit. FEHA lets you sue in any county where the discrimination is alleged to have happened, where the relevant records are kept, or where you would have worked (Gov. Code 12965(c)(3)). For a Los Angeles job, that usually means Los Angeles County Superior Court.
- Evidence exchange, mediation and settlement or trial. Both sides gather records and testimony. Cases can settle at mediation, and some go to a jury.
What Should You Look For in a Los Angeles Disability Discrimination Attorney?
The right Los Angeles disability discrimination lawyer represents employees, knows the accommodation rules and can show real results. Ask these questions before you sign:
- Does the firm represent only employees, or employers too?
- Has the firm handled accommodation and interactive process claims?
- Can the firm point to published results and verified reviews?
- Will the case be prepared for trial if the employer will not settle?
- Is the fee contingency-based, and is it explained in writing?
- Who will be your point of contact, and in what language?
Disability Discrimination Claims Across Los Angeles County
Disability claims in Los Angeles follow the work people do here. Hospital and clinic staff ask for schedule changes during treatment. Warehouse and port workers face lifting rules after an injury. Studio and production crews worry that a diagnosis will cost them the next job. Hotel, restaurant and office workers need time off or remote work. Public employers, such as the city, the county and school districts, can carry extra notice steps for some claims, so get advice early.
Our office is in Burbank, close to Glendale, and we represent workers across the county. For other workplace problems, see our Los Angeles employment lawyers page. Older workers may also want our Los Angeles age discrimination lawyer page. If you worked elsewhere in the state, see our California employment lawyers page.
Frequently Asked Questions
What are examples of disability discrimination at work?
Common examples include firing an employee soon after a diagnosis, refusing a reasonable accommodation, ignoring a request instead of discussing it, refusing to let someone return after medical leave, and withdrawing a job offer after an applicant mentions a condition. Gov. Code 12940(a), (m) and (n) cover these situations.
What conditions qualify as a disability in California?
No fixed list exists. A physical or mental condition qualifies if it makes a major life activity difficult, judged without medication or devices (Gov. Code 12926(j), (m), 12926.1(c)). Chronic illnesses, injuries and mental health conditions can all qualify, depending on their effect on you. Mild conditions with little or no lasting effect, such as a common cold or seasonal flu, usually do not count when they do not limit a major life activity (Cal. Code Regs., tit. 2, 11065(d)(9)(B)).
Is anxiety or depression a disability in California?
It can be. A mental condition is a disability under FEHA if it limits a major life activity, meaning it makes the activity difficult (Gov. Code 12926(j)). The answer depends on how the condition affects you, not on the diagnosis label.
Is ADHD a disability in California?
It can be, under the same test. If ADHD makes a major life activity difficult, FEHA treats it as a mental disability (Gov. Code 12926(j)).
Do I have to tell my employer my diagnosis?
The duty to accommodate applies to a known disability (Gov. Code 12940(m)(1)). Your employer needs to know you have a condition that limits your work and what would help. When the disability or the need for an accommodation is not obvious, the employer may ask for reasonable medical documentation (Cal. Code Regs., tit. 2, 11069(c)(2)). How much detail that means depends on the facts, so ask a lawyer before you hand over full records.
Can my employer ask about my medical condition or require a medical exam?
Only within limits. Before a job offer, an employer may not require a medical or psychological exam, though it may ask whether you can perform job-related functions (Gov. Code 12940(e)(1), (2)). For current employees, exams and medical questions are allowed only if the employer can show they are job related and consistent with business necessity (Gov. Code 12940(f)).
Is being fired because of a disability wrongful termination?
It can be. Firing an employee because of a physical or mental disability violates Gov. Code 12940(a). So does firing someone who could do the essential duties with a reasonable accommodation the employer never offered (CACI No. 2540, 2541). A lawyer can tell you which claims fit your facts.
Can I be fired for missing work because of a medical condition?
Firing someone because of a disability is illegal (Gov. Code 12940(a)). Time off for treatment can be part of an accommodation request, and your employer must go through the interactive process before deciding (Gov. Code 12940(n)). Leave laws may also protect you, depending on the employer and your job.
My employer has fewer than 15 employees. Am I protected?
Likely yes. FEHA’s discrimination rules apply to employers that regularly employ five or more people (Gov. Code 12926(d)). The harassment rules apply to employers with one or more (Gov. Code 12940(j)(4)(A)).
What if I was hurt at work?
A work injury that makes a major life activity difficult can be a disability under FEHA (Gov. Code 12926(m)). That means your employer may owe you an accommodation and the interactive process, in addition to anything owed through workers’ compensation.
What evidence do I need to prove disability discrimination?
Useful evidence includes your accommodation request and the employer’s reply, performance reviews from before and after you disclosed, comments about your condition, and how coworkers without a disability were treated. Save personal copies of what you are allowed to keep.
How much compensation can I get for disability discrimination?
There is no standard amount. Lost pay, time out of work, emotional distress and the strength of the evidence drive the value. Punitive damages require clear and convincing proof of oppression, fraud or malice (Civ. Code 3294). Our published results show real outcomes, which do not predict yours.
How much does a disability discrimination lawyer cost in Los Angeles?
We work on contingency: you do not pay anything unless we win. The case evaluation is free, and you will not pay for legal counsel or court fees out of pocket. Our fee is a share of any settlement or verdict, and if there is no recovery, you owe no attorney fees. Read more about how contingency fees work in California.
Can I get a free consultation with a disability discrimination lawyer in Los Angeles?
Yes. Our case evaluation is free, and you can request it online or by phone. For a broader overview of your rights, see your legal protections against discrimination at work.
Talk to a Los Angeles Disability Discrimination Lawyer
If you were fired, demoted or denied an accommodation because of a medical condition, we can review what happened at no cost. Request a free case evaluation, send us a message or call (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: November 2026
This page provides general information, not legal advice. Reading it does not create an attorney-client relationship.