If your employer changed how they treated you after learning about a medical condition, you may be asking whether that was legal. Disability discrimination happens more often than most employees realize, and it is not always as obvious as an outright firing. Under California law, employers have a legal obligation to treat employees with disabilities fairly, engage with them in good faith about accommodations, and avoid punishing them for asking. Here is what disability discrimination actually looks like, what your employer owes you, and how to protect yourself if something feels wrong.
What Is Disability Discrimination Under California Law?
California’s Fair Employment and Housing Act (FEHA) prohibits employers from treating an employee unfavorably because of a physical or mental disability. This can include being denied a promotion, having your hours cut, being written up more harshly than coworkers, or being terminated shortly after disclosing a diagnosis or requesting accommodation.
Disability discrimination is not limited to visible or permanent conditions. FEHA’s definition of disability is broader than the federal Americans with Disabilities Act (ADA), and it covers chronic illnesses, mental health conditions, and conditions that are episodic or in remission, as long as they limit a major life activity, including working.
What Is the Interactive Process, and When Must Your Employer Start It?
Once your employer knows, or reasonably should know, about your disability, California law requires them to begin what is called the interactive process. Under Gov. Code § 12940(n), it is unlawful for an employer to fail to engage in a timely, good faith interactive process aimed at identifying a reasonable accommodation.
This is a two way conversation, not a form you fill out once and never hear about again. Your employer should ask what limitations you are experiencing, what might help, and whether any proposed accommodation actually works for your job duties. If your employer goes silent after you raise a concern, delays for weeks without explanation, or denies your request without discussing alternatives, that silence itself can be a FEHA violation, separate from whether you ultimately received an accommodation.
What to document if the interactive process stalls:
- The date you first disclosed your condition or requested an accommodation
- Who you spoke with and what they said in response
- Any follow up emails you sent that went unanswered
- Whether coworkers with similar requests were treated differently
What Is a Reasonable Accommodation?
Under Gov. Code § 12940(m), it is unlawful for an employer to fail to provide reasonable accommodation for a known physical or mental disability unless doing so would cause undue hardship to the business. Reasonable accommodation is a broad concept, and it often looks less dramatic than people expect.
Examples that have qualified as reasonable accommodation include:
- A modified or reduced work schedule
- Additional unpaid leave beyond what a policy technically allows
- Ergonomic equipment or a modified workstation
- Reassignment to a vacant position the employee is qualified for
- Permission to work remotely for part of the week
Your employer does not have to offer the exact accommodation you request. They do have to engage with you seriously and offer something that effectively addresses your limitation, unless they can show a genuine undue hardship.
Does California Protect You If You Are Caring for a Disabled Family Member?
Yes, and this is a part of the law many employees do not know about. In Castro-Ramirez v. Dependable Highway Express, Inc. (2016) 2 Cal.App.5th 1028, a California appellate court held that an employee who was not himself disabled, but who needed a specific schedule to administer his son’s nightly dialysis, could pursue a disability discrimination claim after his employer changed his hours and terminated him for refusing a shift that conflicted with his son’s treatment.
Castro-Ramirez signaled that California disability protections can extend to employees associated with a disabled person, not only to employees who are disabled themselves. If you were disciplined or pushed out for needing flexibility to care for a disabled spouse, child, or parent, that history matters.
What Are Signs You Were Fired for Disability in California?
Being fired shortly after disclosing a medical condition is not automatically illegal, but certain patterns raise real concern. Watch for:
- Termination that follows closely after you requested an accommodation
- Performance criticism that appears only after your disability became known
- Being denied leave that similarly situated coworkers received
- A supervisor who discouraged you from using FMLA, CFRA, or short term disability benefits
- Being told you are “too much of a liability” or given vague, shifting reasons for termination
If you were fired for disability in California and the timeline looks suspicious, that timeline is evidence. Documenting it in writing, even in a personal notes app, strengthens your position later.
If you’re dealing with workplace disability discrimination in California, you can contact Nabati Law to discuss your options.
What Should You Document If You Believe You Faced Disability Discrimination?
Keep records as things happen, not months later from memory. Save:
- Emails or texts where you disclosed your condition or requested accommodation
- Any written accommodation denial, including vague or informal responses
- Performance reviews before and after your disclosure
- Names of coworkers who witnessed relevant conversations
- Medical documentation your employer requested and what you provided
This record does more than support a legal claim. It protects the value of that claim later, because employers and courts look closely at whether an employee raised concerns through proper channels.
What Should You Do Next?
If your employer failed to engage in the interactive process, denied a reasonable accommodation without explanation, or terminated you shortly after you disclosed a disability, you may have a valid claim under FEHA. Disability discrimination cases often turn on timeline and documentation, so acting early matters.
If you’re dealing with a potential disability discrimination claim in California, you can contact Nabati Law for a confidential consultation to discuss your options.
For more on related protections, see our overview of what counts as retaliation at work and signs you were wrongfully terminated in California. You can also learn more about our employment law practice and how California treats wrongful termination claims.
For the statutory language discussed above, see Gov. Code § 12940 on the California Legislature’s site, the California Civil Rights Department’s disability guidance, the EEOC’s overview of disability discrimination under federal law, and the full opinion in Castro-Ramirez v. Dependable Highway Express on Justia.
This blog is for informational purposes only and does not constitute legal advice.
