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.
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” because of a physical or mental disability (Government Code section 12940(a)). FEHA applies to employers “regularly employing five or more persons” (Government Code section 12926(d)).
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.
California’s definition of disability is broader than federal law. Government Code section 12926.1 says California law “provides protections independent from those in the federal Americans with Disabilities Act of 1990.” Key differences in the California definition:
| Question | What California law says |
|---|---|
| How much must the condition limit you? | California requires a “limitation” upon a major life activity rather than a “substantial limitation” (12926.1(c) and (d)) |
| Does work count as a major life activity? | Yes. “Working” is a major life activity (12926.1(c)) |
| Do medication or devices change the answer? | The limitation “shall be determined without respect to any mitigating measures,” unless the measure itself limits a major life activity (12926.1(c)) |
| What if my employer only thinks I have a disability? | Protection covers an “actual or perceived physical or mental impairment” (12926.1(b)) |
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.
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)).
Under Government Code section 12926(p), a reasonable accommodation may include “job restructuring, part-time or modified work schedules, reassignment to a vacant position,” and “acquisition or modification of equipment or devices.” 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.
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. If you were let go, our wrongful termination page explains how those claims work.
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, emotional distress damages, punitive damages, and attorney’s fees and costs. What is available depends on the facts of your case.
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.
We represent employees facing disability discrimination in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.
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.
Not necessarily. California looks at whether a physical or mental condition limits a major life activity, including working, judged without regard to medication or devices (Government Code section 12926.1). An employment attorney can evaluate whether your condition qualifies.
Not without engaging with you. The employer must take part in a timely, good faith interactive process, and can refuse a reasonable accommodation only if it would cause undue hardship (Government Code section 12940(m) and (n)).
Keep your doctor’s notes, accommodation requests, your employer’s responses, and messages you are lawfully entitled to keep, and 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.
If you were treated unfairly because of a disability or medical condition, we 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.
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