California Disability Discrimination Guide
Were you fired, demoted, or denied an accommodation because of a disability? California's FEHA provides broader disability protections than federal law. Learn your rights and how to fight back.
What Qualifies as a Disability Under California Law?
California's FEHA defines "disability" far more broadly than the federal Americans with Disabilities Act (ADA). Under FEHA, a disability is any physical or mental condition that limits a major life activity — and California intentionally sets a low threshold to protect as many people as possible.
Physical Disabilities Include:
- Cancer, HIV/AIDS, heart disease, diabetes
- Musculoskeletal conditions (back injuries, arthritis, carpal tunnel)
- Neurological conditions (epilepsy, MS, Parkinson's)
- Chronic pain, fibromyalgia
- Vision or hearing impairments
- Orthopedic conditions requiring surgery or treatment
Mental Disabilities Include:
- Depression and anxiety disorders
- PTSD and trauma-related conditions
- Bipolar disorder, schizophrenia
- OCD, phobias, panic disorders
- Learning disabilities, ADHD
⚖️ Key Point: Under FEHA, a condition does not need to be permanent, severe, or substantially limiting to qualify. Even a temporary disability (like a broken bone or recovering from surgery) may be covered. California courts have repeatedly refused to narrow the definition of disability.
California FEHA vs. Federal ADA: Key Differences
California's disability protections are significantly stronger than the federal ADA. Employees in California benefit from both laws, but FEHA typically provides broader rights:
🏛️ Federal ADA
- Covers employers with 15+ employees
- Disability must "substantially limit" a major life activity
- Employer must provide reasonable accommodation unless "undue hardship"
- Does not explicitly require interactive process
- Damages cap based on employer size (up to $300,000)
🌟 California FEHA
- Covers employers with 5+ employees
- Disability only needs to "limit" a major life activity (much lower bar)
- Must accommodate unless causes "significant difficulty or expense"
- Explicitly requires the interactive process
- No cap on damages — full emotional distress + punitive
Reasonable Accommodation
An employer must provide a reasonable accommodation that allows a qualified employee with a disability to perform the essential functions of the job — unless it would cause "significant difficulty or expense" (undue hardship) for the employer.
Examples of Reasonable Accommodations
Modified Schedule
Flexible start/end times, part-time hours, or schedule changes for medical appointments
Remote Work
Working from home, even temporarily, to accommodate a physical or mental condition
Ergonomic Equipment
Special chair, keyboard, monitor height, or other assistive devices
Modified Duties
Reassigning marginal (non-essential) functions to another employee
Transfer / Reassignment
Reassignment to a vacant position the employee is qualified for
Leave of Absence
Unpaid leave beyond CFRA/FMLA entitlements as a form of accommodation
⚠️ Employer Cannot Simply Say "No": An employer cannot refuse an accommodation just because it is inconvenient or requires some effort. The employer must demonstrate that the accommodation would cause genuine undue hardship — and must consider all possible alternatives before denying any accommodation.
The Interactive Process
When an employee requests accommodation or when the employer becomes aware of a potential disability, California law requires both parties to engage in a timely, good-faith "interactive process" to identify an effective accommodation.
Employee Requests Accommodation (or Employer Becomes Aware)
The process is triggered when an employee tells the employer they have a medical condition that affects their work, or when the employer observes symptoms suggesting a disability.
Employer Must Respond Promptly
The employer must respond in a timely manner — typically within a few days — and initiate a conversation about the employee's needs and the job's essential functions.
Good-Faith Dialogue
Both parties exchange information. The employer may ask for medical documentation. The employee should describe the functional limitations. Both should discuss possible accommodations.
Identify Effective Accommodation
If a reasonable accommodation is available, the employer must provide it. If one option is not feasible, the parties must explore alternatives before concluding that no accommodation is possible.
⚖️ Key Point: Failing to engage in the interactive process is an independent violation of FEHA — even if a reasonable accommodation would ultimately not have been possible. An employer who simply ignores a request or refuses to discuss options is liable, regardless of the outcome.
Forms of Disability Discrimination
Disability discrimination under FEHA can take many forms beyond outright termination:
| Form of Discrimination | Example |
|---|---|
| Termination | Firing an employee after learning of a cancer diagnosis |
| Refusal to Hire | Rejecting a qualified applicant because of a visible disability |
| Demotion | Reducing an employee's role after they return from disability leave |
| Denial of Accommodation | Refusing to allow remote work for an employee with mobility impairment |
| Harassment | Mocking an employee's disability, mimicking their condition |
| Forced Leave | Requiring an employee to take leave when they could work with accommodation |
| Retaliation | Punishing an employee for requesting accommodation or filing a complaint |
Filing a Disability Discrimination Claim
Deadlines
| Step | Deadline | Notes |
|---|---|---|
| File with California CRD | 3 years from discriminatory act | Required before filing civil lawsuit |
| File civil lawsuit after right-to-sue notice | 1 year from CRD notice | File in Superior Court |
| File with EEOC under ADA | 300 days from discriminatory act | For parallel federal claim |
Damages & Remedies
California's FEHA provides uncapped damages for disability discrimination. You may recover:
Back Pay
All lost wages from the discriminatory act through trial
Front Pay
Future lost earning capacity if reinstatement is not feasible
Emotional Distress
Compensation for anxiety, depression, and psychological impact — no cap
Punitive Damages
For employers who act with malice or oppression — can be substantial
Reinstatement
Court may order reinstatement to your former position
Attorney's Fees
Employer pays your legal fees if you prevail — no out-of-pocket cost to you
Frequently Asked Questions
FEHA defines disability broadly — any physical or mental condition that limits a major life activity. This includes cancer, diabetes, depression, anxiety, chronic pain, back injuries, PTSD, and many other conditions. A condition does not need to be severe or permanent to qualify under California's lower standard.
A reasonable accommodation is any change to the work environment or job duties that allows a qualified employee with a disability to perform the essential functions of the job. Examples include modified schedules, remote work, ergonomic equipment, reassignment, leaves of absence, and modified job duties.
The interactive process is a required good-faith dialogue between employer and employee to identify a reasonable accommodation. Failing to engage in this process is an independent violation of FEHA — even if a reasonable accommodation would ultimately not have been possible.
No. It is illegal under FEHA to fire, demote, or otherwise discriminate against an employee because of a physical or mental disability. Employers must also engage in the interactive process and provide reasonable accommodation before terminating a disabled employee.
You have 3 years from the discriminatory act to file with the California CRD. After receiving a right-to-sue notice, you have 1 year to file a civil lawsuit. Consult an attorney promptly to preserve all evidence and witness recollections.
Discriminated Against for Your Disability?
Do not wait. Deadlines are strict and evidence disappears quickly. The Eghbali Law Firm offers free, confidential consultations for California employees. There is no fee unless you win.