California Disability Discrimination Lawyer

If you were fired, passed over, or denied an accommodation because of a disability or medical condition, a California disability discrimination lawyer can help you understand your rights and options. Abramson Labor Group represents employees, never employers, in disability discrimination and failure to accommodate claims. Our case reviews are free and confidential, and we work on contingency.

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Zev Abramson

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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…

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Why Employees Choose Abramson Labor Group

• Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
• A documented accommodation result. Our results include $340,000 in a failure to accommodate case. See our case results. Every case is different. Past results do not guarantee a similar outcome.
• 4.5 stars across more than 1,900 Google reviews (as of September 2026).
• Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
• Help in English and Spanish, with intake also available in Armenian.

What Is Disability Discrimination in California?

Disability discrimination happens when an employer treats an applicant or employee worse because of a physical disability, mental disability, or medical condition. Under California’s Fair Employment and Housing Act (FEHA), an employer may not refuse to hire, fire, or “discriminate against the person in compensation or in terms, conditions, or privileges of employment” for that reason (Government Code section 12940(a)). FEHA applies to employers “regularly employing five or more persons” (Government Code section 12926(d)).

The protection also reaches people treated as if they have a disability. It covers people treated worse because of a relationship with someone who has one, too. The Civil Rights Department lists a “history of disability,” “the employer’s belief that the individual may have a disability,” and “the individual’s relationship with a person with a disability.” Disability is one of many protected traits, explained in our article on legal protections against discrimination at work.

Not every hard decision is illegal. The law has a limit: an employer may refuse to hire or may discharge an employee who is “unable to perform the employee’s essential duties even with reasonable accommodations” (Government Code section 12940(a)(1)). That is why the accommodation process matters so much. Our article on how to prove disability discrimination in the workplace covers the evidence that often matters.

Types of Disability Discrimination Claims

One set of facts can support more than one claim. California’s Government Code treats each of these as a separate violation. An employment attorney can evaluate which ones fit what happened to you.

What Counts as a Disability Under California Law?

California defines disability broadly. Government Code section 12926.1 names chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease. State regulations add post-traumatic stress disorder to the examples of mental disability (2 CCR 11065(d)).

The law also protects a “medical condition,” which includes any health impairment related to a diagnosis of cancer and certain genetic characteristics (Government Code section 12926(i)). An impairment that is episodic or in remission counts if it would limit a major life activity when active (2 CCR 11065(l)(3)(E)).

Some conditions do not qualify. The regulations exclude mild conditions with “little or no residual effects, such as the common cold; seasonal or common influenza,” and disorders from the current unlawful use of controlled substances (2 CCR 11065(d)(9)).

Conditions that arise from a workplace injury can also qualify. Read our article on workers’ comp and disability in California, and see was I fired for medical reasons for how at-will employment has limits. If you are going back to work after a job injury, see our page on return to work and job displacement.

California Disability Law vs. the ADA

California law “provides protections independent from those in the federal Americans with Disabilities Act” (Gov. Code 12926.1(a)). Many workers search for an “ADA lawyer.” A disability discrimination lawyer in California usually looks at both laws. For most employees, state law is the stronger tool. Some websites still describe the ADA as it read before Congress amended it in 2008, so the table below follows the current text of both laws.

Reasonable Accommodation and the Interactive Process

It is unlawful for an employer “to fail to make reasonable accommodation for the known physical or mental disability” of an applicant or employee, unless the employer shows the accommodation would “produce undue hardship” to its operation (Government Code section 12940(m)(1)). It is also unlawful to “fail to engage in a timely, good faith, interactive process” with an employee or applicant who requests an accommodation (Government Code section 12940(n)).

The duty can start even without a formal request. Your employer must begin the process when it “becomes aware of the need for an accommodation through a third party or by observation” (2 CCR 11069(b)(2)). The employer must consider your preference, but it may choose another accommodation that is effective (2 CCR 11068(e)).

Under Government Code section 12926(p), a reasonable accommodation may include “job restructuring, part-time or modified work schedules, reassignment to a vacant position.” In July 2026, the Civil Rights Department also listed service animals, lifting limits, schedule changes for medical appointments, working from home, and extra training time. Our article on California reasonable accommodation explains what employers must do.

Time off may also be protected under leave laws, explained in CFRA vs. FMLA and our article on paid sick leave. If a condition is related to pregnancy, see our pregnancy discrimination page.

How Do You Request a Reasonable Accommodation?

You can ask at any time. The Civil Rights Department says employees “can request a reasonable accommodation at work at any time,” including for conditions that are treated with medication, come and go, or are temporary (CRD, July 2026). Points to consider:

1. Consider asking in writing and keeping a copy. That creates a record of the date and what you asked for.
2. Consider asking your doctor to describe your work limitations. Reasonable documentation “confirms the existence of the disability and the need for reasonable accommodation,” and “disclosure of the nature of the disability is not required” (2 CCR 11069(d)(1)).
3. Take part in the discussion that follows. The regulations expect both sides to cooperate in good faith (11069(d)).
4. If your employer delays, ignores the request, or turns it down without discussing other options, consider speaking with an employment attorney about your options.

Can My Employer Ask About My Medical Condition?

Only within limits. An employer may not require a medical or psychological exam of an employee unless it can show the exam is “job related and consistent with business necessity” (Government Code section 12940(f)). Before a job offer, an employer may ask whether you can perform job-related functions, but medical exams and medical questions generally wait until after an offer (12940(e)).

When your disability or need is not obvious, your employer may ask for reasonable medical documentation. Once it has that documentation, it “shall not ask the applicant or employee about the underlying medical cause of the disability” (2 CCR 11069(c)).

When Can an Employer Lawfully Refuse an Accommodation?

An employer can refuse a specific accommodation only if it proves undue hardship, meaning “significant difficulty or expense” (Government Code section 12926(u)). The factors include the nature and net cost of the accommodation, the employer’s overall financial resources and size, and the type of operation (2 CCR 11065(r)).

An employer may also act if the employee cannot perform essential duties “in a manner that would not endanger the employee’s health or safety” (12940(a)(1)). Essential functions are the fundamental duties of the job, not its marginal tasks (2 CCR 11065(e)). Whether a duty is essential is often disputed, so a disability discrimination lawyer can evaluate how these defenses apply to your facts.

Can My Employer Retaliate If I Ask for an Accommodation?

No. FEHA makes it unlawful to “retaliate or otherwise discriminate against a person for requesting accommodation,” “regardless of whether the request was granted” (Government Code section 12940(m)(2)). See our retaliation page, and our article on retaliation for taking medical leave.

You do not have to quit before raising a claim. Our article on suing your employer while still employed explains how that works. If you were let go, our wrongful termination page explains how those claims work. If you were offered a payment to sign a release, read about severance agreements in California first.

What Can You Recover, and How Much Is a Case Worth?

According to the California Civil Rights Department, remedies for employment discrimination can include back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, reasonable accommodations, damages for emotional distress, punitive damages, and attorney’s fees and costs.

No official average exists for a disability discrimination settlement in California. A disability discrimination lawyer looks at lost pay, the strength of the evidence, and the harm you suffered. Our firm’s results include $340,000 in a failure to accommodate case, and every case is different. Our article on the average wrongful termination settlement in California explains the factors that often drive value.

How Long Do I Have to File a Disability Discrimination Claim?

Deadlines depend on the type of claim. For FEHA employment claims, the Civil Rights Department says you “must submit an intake form to CRD within three years of the date you were last harmed.” Other claims can have different deadlines, so it is worth having your situation reviewed early. An employment attorney can evaluate which deadlines apply to you.

Serving Employees Across California

If you are looking for a Los Angeles disability discrimination lawyer, we serve employees across the county from our Burbank office. We represent employees facing disability discrimination in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.

Disability Discrimination Lawyer FAQs

How much does a disability discrimination lawyer cost?

Nothing up front. We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.

Does my condition have to be permanent to be a disability?

No. The Civil Rights Department says “even temporary conditions, like a broken bone or pneumonia, qualify as disabilities when they limit a major life activity” (CRD). Mild conditions such as the common cold or flu do not qualify.

Can I be fired for being out sick?

Not if the illness is a disability and leave is a reasonable accommodation. The CRD says an employee whose illness qualifies as a disability “is generally entitled to leave or time off as a reasonable accommodation” (CRD). Regulations do not require indefinite leave, so the length and expected return matter.

Is cancer considered a disability at work?

Yes. California protects a “medical condition,” which includes any health impairment related to or associated with a diagnosis of cancer, including a history of cancer (Gov. Code 12926(i)). An employer may not treat you worse because of it.

Am I protected if my child or spouse has a disability?

Yes. FEHA covers a perception that a person “is associated with a person who has, or is perceived to have” a protected characteristic (Gov. Code 12926(o)). Firing someone because a family member’s disability might affect their work can be unlawful.

Do I have to accept the accommodation my employer offers?

No. An employer “shall not require a qualified individual with a disability to accept an accommodation” (2 CCR 11068(f)). If you refuse and cannot perform essential functions without it, the employer may tell you that the refusal can affect your job.

Can my employer ask for my complete medical records?

Generally, no. The employer “shall not ask for unrelated documentation,” which in most circumstances includes your complete medical records, because they may contain information unrelated to the accommodation (2 CCR 11069(d)).

Can my employer move me to a different job because of my medical leave?

Only within limits. For foreseeable intermittent or reduced-schedule leave under CFRA, an employer may require a temporary transfer to an available alternative position with “the equivalent rate of pay and benefits.” It “may not transfer the employee to an alternative position to discourage the employee from taking leave” (2 CCR 11090(e)(1)).

Does my employer have to keep my medical information confidential?

Yes. California regulations require an employer to “keep information obtained regarding the medical or psychological condition or history of the employee confidential” (2 CCR 11071(d)(4)). Exam results must be kept on separate forms and treated as medical records (11071(b)(3)).

What records should I keep?

Keep your doctor’s notes, accommodation requests, your employer’s responses, and messages you are lawfully entitled to keep. Write down dates and comments while you remember them. Do not take confidential company files. See what to document if you are experiencing workplace misconduct, or read how to know if you have an employment law case.

Request a Free Case Review

If your employer treated you unfairly because of a disability or medical condition, an employment lawyer for disability discrimination at our firm can review what happened and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.

You do not pay ANYTHING unless we win!

Last updated: October 2026

This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.