Disability Discrimination Lawyer in California
Disability discrimination is illegal, yet it happens every day. Employees are fired, pushed out, denied accommodations, or treated as expendable simply because they have a physical or mental condition that requires understanding, flexibility, or support. At jonny.law, we represent employees who were mistreated, sidelined, or terminated because of a disability or medical condition.
If your employer failed to accommodate you, retaliated after you spoke up, or used your condition as a reason to end your job, you may have a strong legal claim.
Common Examples of Disability Discrimination
Disability discrimination often shows up in patterns employers try to disguise. Common examples include firing an employee shortly after they request medical leave or accommodations, refusing to modify schedules or duties when adjustments are reasonable, pressuring an employee to resign due to medical restrictions, or claiming the employee is “no longer a good fit” after learning of a diagnosis.
Other frequent scenarios include denying promotions, reducing pay or hours, placing employees on unnecessary leave, or subjecting them to increased scrutiny once a disability becomes known.
What is Disability Discrimination
Disability discrimination occurs when an employer treats an employee unfairly because of a physical or mental disability, medical condition, or perceived impairment. This includes conditions that limit major life activities, require medical leave, or need workplace adjustments, even if the disability is not visible.
The Fair Employment and Housing Act (FEHA) protects employees from disabilities. California case law is clear on how to prove disability discrimination. “[T]he plaintiff initially has the burden to establish a prima facie case of discrimination. The plaintiff can meet this burden by presenting evidence that demonstrates, even circumstantially or by inference, that he or she (1) suffered from a disability, or was regarded as suffering from a disability; (2) could perform the essential duties of the job with or without reasonable accommodations, and (3) was subjected to an adverse employment action because of the disability or perceived disability.” Sandell v. Taylor.
Discrimination can be overt, such as termination after disclosure of a condition, or subtle, such as cutting hours, isolating the employee, or suddenly documenting “performance issues” after an accommodation request.
Importantly, the law protects qualified employees who can perform the essential functions of their job with or without reasonable accommodation.
Failure to Accommodate Is a Violation of the Law
Employers have an affirmative duty to engage in a good-faith interactive process and provide reasonable accommodations unless doing so would cause undue hardship. This is not optional.
Reasonable accommodations may include modified schedules, remote or hybrid work, temporary light duty, assistive devices, additional breaks, job restructuring, or medical leave. An employer cannot simply ignore a request, delay indefinitely, or reject accommodations without analysis.
Failure to participate in the interactive process is itself a separate legal violation.
Retaliation After a Disability Request For a Reasonable Accommodation Is Illegal
Many employees are not fired for the disability itself — they are fired for speaking up. Retaliation can include termination, demotion, discipline, negative performance reviews, or creating a hostile environment after an employee requests accommodations, medical leave, or files a complaint.
If your employer’s behavior changed after you disclosed a medical condition or asked for help, that timing matters — and it can be powerful evidence.
Conditions Protected by Disability Laws
Disability protections are broad and include physical injuries, chronic illnesses, mental health conditions, anxiety, depression, PTSD, diabetes, neurological conditions, autoimmune disorders, pregnancy-related complications, and recovery from surgery or injury. Temporary conditions can also qualify, and employees are protected even if the employer only perceived them as disabled.
You do not need to disclose a diagnosis to be protected, only that you need an accommodation due to a medical limitation.
What You May Be Entitled To
Employees who experience disability discrimination may be entitled to lost wages, future earnings, emotional distress damages, penalties, attorney’s fees, reinstatement, or settlement compensation. In egregious cases, punitive damages may also apply.
Each case is fact-specific, and early legal guidance can significantly impact the outcome.
If you believe you have experienced disability discrimination at work, speaking with a lawyer can help you understand and protect your rights. Jonny Law offers free, confidential consultations to evaluate disability discrimination claims, explain your legal options, and determine whether your employer violated California law. There is no obligation, and your consultation is completely private.
