January 7, 2025 Table of Contents
Knowing how to prove disability discrimination starts with a simple fact: employers rarely admit it. Most cases rest on timing, records, and how others were treated. Below, we explain what counts as a disability under California law, what an employee generally must show, and the evidence that often decides these cases.
How do you prove disability discrimination in California?
Generally, an employee shows a disability as California law defines it, the ability to do the job with or without reasonable accommodation, an adverse action such as termination, and that the disability was “a substantial motivating factor” in the decision. California’s Government Code section 12940 prohibits this discrimination by employers with 5 or more employees.
Key Takeaways
- California’s FEHA covers employers with 5 or more employees (CRD). The federal ADA covers employers with 15 or more (EEOC).
- California requires only a “limitation” on a major life activity, not a “substantial” one, and “working” counts as a major life activity (Gov. Code 12926.1(c)).
- Failing to accommodate and failing to engage in the interactive process are separate violations from a discriminatory firing (Gov. Code 12940(m), (n)).
- The disability must be “a substantial motivating factor,” not the only reason (Harris v. City of Santa Monica (2013)).
- For many FEHA claims, a complaint generally must be filed with the Civil Rights Department within three years (CRD).
Is This Your Situation?
- Your reviews were good until you disclosed a diagnosis or asked for an accommodation.
- Your employer ignored or delayed your accommodation request.
- A manager made comments about your condition, medication, or time off.
- Coworkers without a disability kept their jobs after the same mistakes.
- The reason for your termination changed after you asked for an explanation.
What Counts as a Disability Under California Law?
California defines disability more broadly than federal law. A physical or mental condition qualifies when it “limits a major life activity” (Gov. Code 12926(j), (m)). The Legislature states that California law provides “protections independent from those in the federal Americans with Disabilities Act” (Gov. Code 12926.1(a)).
| California FEHA | Federal ADA | |
|---|---|---|
| Employers covered | 5 or more employees (CRD) | 15 or more employees (EEOC) |
| How much the condition must limit you | A “limitation,” not a “substantial” one (Gov. Code 12926.1(c)) | A condition that “substantially limits one or more major life activities” (EEOC) |
Our article on legal protections against discrimination at work covers the other traits California protects.
Examples of Disability Discrimination at Work
The examples below show common patterns. Each depends on the facts, so treat the table as a guide to what may be worth a closer look.
| What happens | When it may be illegal | Source |
|---|---|---|
| An employer refuses a schedule change or equipment a doctor recommended | When the accommodation is reasonable and would not cause undue hardship | Gov. Code 12940(m)(1) |
| An accommodation request gets no response for weeks | When the employer fails to engage in “a timely, good faith, interactive process” | Gov. Code 12940(n) |
| A manager mocks an employee’s condition or medication | When the conduct amounts to harassment because of a “physical disability, mental disability, medical condition” | Gov. Code 12940(j)(1) |
| An employee is fired days after returning from medical leave | When the disability was “a substantial motivating factor” in the decision | Harris (2013) |
| An employee is let go over a condition the employer wrongly assumes | When the employer regards or treats the employee as having a limiting condition | Gov. Code 12926(j)(4) |
How to Prove Disability Discrimination: What an Employee Must Show
Most employees prove disability discrimination with circumstantial evidence. In Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, the California Supreme Court described the usual first showing:
- Membership in a protected group, here a disability or medical condition.
- Being qualified for the job or “performing competently in the position.”
- An adverse action, “such as termination, demotion, or denial of an available job.”
- “Some other circumstance suggests discriminatory motive.”
The employer then gives “a legitimate, nondiscriminatory reason,” and the employee may show that reason is a pretext. The disability does not need to be the only reason. In Harris v. City of Santa Monica (2013) 56 Cal.4th 203, the court required proof that discrimination was “a substantial motivating factor.” If the employer proves it “would have made the same decision for lawful reasons,” the employee “cannot be awarded damages, backpay, or an order of reinstatement,” but may still seek other relief and attorney’s fees.
Failure to Accommodate and the Interactive Process
Some disability claims do not depend on proving a discriminatory motive at all. An employer violates FEHA if it fails “to make reasonable accommodation for the known physical or mental disability” of an employee, unless the accommodation would cause undue hardship (Gov. Code 12940(m)(1)). It is a separate violation to “fail to engage in a timely, good faith, interactive process” after a request (12940(n)).
The Civil Rights Department says employers with 5 or more employees must start the interactive process after an accommodation request (CRD fact sheet). A request that goes unanswered, or a meeting that never happens, can become evidence. Learn more about what your employer must do for a disability.
What Evidence Helps Prove Disability Discrimination?
Learning how to prove disability discrimination usually means gathering records. Direct evidence, such as a manager saying the company does not want someone with your condition, is rare. Circumstantial evidence is more common, and it often comes from the records below.
| Evidence | Why it matters |
|---|---|
| Emails or texts requesting an accommodation | Shows the employer knew about the disability and when |
| Performance reviews before and after disclosure | A sudden drop after disclosure can suggest pretext |
| The timeline of discipline or termination | Adverse action soon after a request or leave can support a link |
| How coworkers without a disability were treated | Better treatment for the same conduct can show a discriminatory motive |
| Changing explanations for the decision | Shifting reasons can suggest the stated reason is a pretext |
| Your personnel file | Employers must produce it “not later than 30 calendar days” after a written request (Lab. Code 1198.5) |
Comments about your condition can count even when they were not made during the decision itself. California courts look at “the totality of the circumstances,” and remarks outside an employment decision may be relevant evidence (Gov. Code 12923(c)). If you were let go, our article on being fired for medical reasons explains the limits on at-will termination.
What to Consider Before You Act
- Consider putting accommodation requests in writing and keeping a copy, so the date and the request are clear. See our article on what to document at work.
- Keep documents you are lawfully entitled to keep, such as your reviews, pay stubs, and messages sent to you. Do not take confidential company files.
- Write down comments about your condition with the date, the words used, and who heard them.
- Watch for changes after a request, such as new write-ups or cut hours. Consider speaking with an employment attorney if that happens.
What Can You Recover?
The Civil Rights Department lists remedies including “Back pay (past lost earnings),” “Front pay (future lost earnings),” “Reasonable accommodation(s),” “Damages for emotional distress,” “Punitive damages,” and “Attorney’s fees and costs” (CRD). Under Harris, an employer that proves it would have made the same decision anyway can limit some of these remedies.
How Long Do I Have to File a Disability Discrimination Claim?
Different employment claims can have different filing deadlines. For many FEHA disability claims, a complaint generally “must be filed within three years” of the discriminatory act (CRD). Federal ADA claims follow different rules, and a workplace injury can raise separate deadlines. Do not assume one period applies to every case. Our article on wrongful termination deadlines explains more. An employment attorney can evaluate which deadlines apply to your situation.
Frequently Asked Questions About How to Prove Disability Discrimination
Are anxiety and depression disabilities under California law?
They can be. A mental disability includes “emotional or mental illness” that “limits a major life activity” (Gov. Code 12926(j)(1)). The Legislature lists “clinical depression” and “bipolar disorder” as examples of covered conditions (Gov. Code 12926.1(c)). Whether a specific anxiety condition qualifies depends on how it limits you.
Can an employer ask about my disability in a job interview?
Generally, no. Before a job offer, an employer may not “make any medical or psychological inquiry of an applicant,” though it may ask about “the ability of an applicant to perform job-related functions” (Gov. Code 12940(e)). After an offer, a medical exam is allowed only if it is job related and every new employee in the same job classification gets the same exam.
If medication controls my condition, is it still a disability?
It can be. Whether a condition limits a major life activity “shall be determined without respect to any mitigating measures,” such as medication (Gov. Code 12926.1(c)). The same section names diabetes, epilepsy, and heart disease as examples.
What if my employer thinks I have a disability but I do not?
California law can still protect you. It covers “being regarded or treated by the employer” as having a limiting condition (Gov. Code 12926(j)(4)). Firing someone over a condition the employer wrongly believes they have can be discrimination.
Does a history of cancer count?
Yes. California protects a “medical condition,” which includes “any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer” (Gov. Code 12926(i)).
Can my employer punish me for asking for an accommodation?
No. FEHA bars retaliation “for requesting accommodation,” and that protection applies “regardless of whether the request was granted” (Gov. Code 12940(m)(2)). See what counts as retaliation.
Can I be fired after a workplace injury?
Not because you filed a workers’ compensation claim. Labor Code 132a protects injured workers, and the California Supreme Court held in City of Moorpark v. Superior Court (1998) 18 Cal.4th 1143 that “section 132a does not provide an exclusive remedy” and does not preclude FEHA claims. Read more about being fired for filing workers’ comp and workers’ comp and disability benefits.
Can I take protected leave for my own health condition?
Often, yes. The California Family Rights Act covers employers with 5 or more employees. Eligible employees generally get up to 12 workweeks of job-protected leave, including for “an employee’s own serious health condition” that makes them unable to do the job (Gov. Code 12945.2). See how CFRA and FMLA differ.
When to Talk to an Employment Lawyer About Disability Discrimination
If you were fired, demoted, or disciplined after disclosing a condition or asking for an accommodation, consider speaking with a California employment lawyer. An attorney can review the timeline, compare how others were treated, and explain how to prove disability discrimination in your situation and which deadlines apply. Learn more about our California disability discrimination attorneys.
At Abramson Labor Group, we represent California employees facing disability discrimination. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Last updated: October 26, 2026
This article 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.