Disability Discrimination at Work in California
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Does California Law Cover Your Disability Discrimination Situation?
California’s Fair Employment and Housing Act (FEHA), Government Code sections 12900 through 12996, gives workers significantly stronger protection against disability discrimination than federal law. Any employer with five or more employees must comply, far below the federal ADA’s 15-employee floor. A condition does not need to “substantially” limit a major life activity to qualify: FEHA explicitly covers chronic and episodic conditions like diabetes, depression, epilepsy, and heart disease. If your employer fired you, denied a reasonable accommodation, skipped the required interactive process, or retaliated against you for requesting help, you may have a viable claim, and you have three years from the last discriminatory act to file with the California Civil Rights Department.
What Counts as a Disability Under California Law
The FEHA Definition: Broader Than You May Think
FEHA defines protected disability across three categories. Government Code section 12926(m) defines physical disability as any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss affecting a body system that limits a major life activity. Section 12926(j) defines mental disability to include intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances.
FEHA also prohibits discrimination based on a perceived disability. Under Government Code section 12926(o), if your employer treats you as though you have a disabling condition, even if you do not, that is independently actionable.
Critically, Government Code section 12926.1(c) makes clear that a “substantial” limitation is not required. Any limitation qualifies. This directly contradicts what some HR departments tell workers when citing federal ADA standards.
What Conditions Are Covered
Section 12926.1(c) explicitly lists the following as covered conditions under FEHA:
- HIV/AIDS
- Hepatitis
- Epilepsy and seizure disorders
- Clinical depression
- Bipolar disorder
- Diabetes
- Multiple sclerosis
- Heart disease
This list is illustrative, not exhaustive. Any condition that limits a major life activity, even episodically, falls within FEHA’s reach. For more examples of how these protections apply in practice, see our guide on disability discrimination workplace rights and examples.
Which Employers and Workers FEHA Covers
Government Code section 12926(d) sets the employer threshold at five or more regular employees, including state and local government entities. FEHA’s reach extends well beyond traditional employees. Government Code section 12940(j)(1) protects applicants, unpaid interns, volunteers, and persons providing services under a contract. The law also bars discrimination in fringe benefits such as health insurance under Government Code sections 12940(e) and (f).
Feature | FEHA (California) | ADA (Federal)
|
|---|---|---|
Employer size threshold | 5+ employees (Gov. Code § 12926(d)) | 15+ employees |
“Substantial” limitation required? | Yes | |
Compensatory damages cap | No statutory cap (Gov. Code § 12965) | $50,000 to $300,000 (42 U.S.C. § 1981a) |
Covered workers | Employees, applicants, interns, volunteers, contractors | Employees and applicants |
Attorney’s fees for prevailing plaintiff | Mandatory (Gov. Code § 12965(b)) | Discretionary |
Five Things California Employers Are Legally Required to Do and Prohibited From Doing
Government Code section 12940 establishes five distinct, enforceable obligations. Violating any one of them independently supports a FEHA claim.
- No discrimination in any employment decision (§ 12940(a)): Employers may not refuse to hire, discharge, or discriminate in compensation or any term or condition of employment based on physical disability, mental disability, or medical condition.
- Provide reasonable accommodation (§ 12940(m)): Employers must accommodate a known disability unless doing so creates an undue hardship.
- Engage in the interactive process (§ 12940(n)): Employers must initiate a timely, good-faith dialogue when an employee requests accommodation or when the employer becomes aware of the need.
- No disability-based harassment (§ 12940(j)): Harassment must be sufficiently severe or pervasive to alter conditions of employment and create a hostile work environment.
- No retaliation (§ 12940(h)): Employers may not retaliate against any employee who requests accommodation, opposes discriminatory conduct, or participates in a FEHA proceeding, regardless of whether the accommodation was ultimately granted.
Reasonable Accommodation: What the Law Actually Requires
Under Government Code section 12940(m), a reasonable accommodation is any modification to the job, the workplace, or how work is performed that allows a qualified person with a disability to do the job. Common examples include modified schedules, reassignment to a vacant position, additional unpaid leave, or changes to physical workspace. The employer’s only valid defense is “undue hardship,” meaning a significant difficulty or expense given the employer’s size and resources. An employer cannot simply declare an accommodation inconvenient.
The Interactive Process: Your Employer’s Obligation to Engage
Government Code section 12940(n) requires employers to engage in a timely, good-faith interactive process. This obligation is triggered in two ways: when an employee requests accommodation, or when the employer becomes aware that the employee may need one. An employer who ignores a request, delays indefinitely, or offers only token options without exploring alternatives has violated this provision independently of whether discrimination in the underlying employment decision can be proven.
Consider this illustrative scenario: A warehouse worker develops a chronic back condition and asks her supervisor for a modified lifting restriction. The supervisor tells her he will “look into it” but never follows up. Eight weeks later she is placed on unpaid leave and told the company has no light-duty positions. Under section 12940(n), the failure to engage in any documented interactive process is itself a violation, separate from any termination-based claim.
Retaliation for Requesting Accommodation Is Also Illegal
A common pattern: a worker requests accommodation, the employer denies it, and within weeks the worker is written up, reassigned, or terminated. Government Code section 12940(h) prohibits this sequence explicitly. The retaliation does not require that the underlying accommodation request was valid or granted. The act of requesting help is protected conduct.
Common Employer Defenses and How California Law Limits Them
|
Employer Defense |
What the Employer Claims |
How California Law Limits This Defense
|
|---|---|---|
|
“You couldn’t perform the essential functions of the job” |
The worker, even with accommodation, cannot do the core duties of the role. |
Under Gov. Code § 12940(a)(1), this is a recognized defense, but only after the employer first completed the interactive process under § 12940(n) and explored all reasonable accommodations. Skipping that process defeats the defense. |
|
“The position was eliminated” |
The termination had nothing to do with the disability; the role no longer exists. |
Courts scrutinize the timing between a disability disclosure and a position elimination. An employer must show the elimination was entirely unrelated to the employee’s protected status. Close temporal proximity between disclosure and elimination is evidence of pretext. |
|
“Your condition doesn’t qualify under the ADA” |
HR cites the federal “substantially limits” standard to deny protection. |
FEHA does not require a “substantial” limitation. Gov. Code § 12926.1(c) expressly rejects that standard. An ADA analysis is legally irrelevant to a FEHA claim. |
|
“Accommodation would cause undue hardship” |
Granting the request would be too costly or disruptive. |
Undue hardship is judged against the employer’s actual size and resources. A large employer cannot use this defense to avoid low-cost modifications. The employer bears the burden of proving hardship with specifics, not general assertions. |
|
“You never formally requested accommodation” |
The employee did not submit a written or formal accommodation request. |
Gov. Code § 12940(n) is triggered by the employer’s awareness of the need, not only by a formal written request. A verbal mention of a medical condition or doctor’s note can be sufficient to start the clock on the employer’s interactive process duty. |
|
“You pose a direct threat to safety” |
Allowing the employee to work creates a safety risk to themselves or others. |
Under Gov. Code § 12940(a)(1), the direct threat defense requires an individualized assessment based on objective, medical evidence, not stereotypes or generalizations about the condition. A blanket policy does not satisfy this standard. |
How to File a Disability Discrimination Complaint in California
Before filing a civil lawsuit under FEHA, a worker must first file a complaint with the California Civil Rights Department (CRD), the state agency that administers and enforces FEHA (formerly the Department of Fair Employment and Housing, renamed effective July 1, 2022). Filing can be completed online through the California Civil Rights System (CCRS), by phone at 800-884-1684 (voice), 800-700-2320 (TTY), or through the California Relay Service at 711, or by mail.
The deadline is three years from the last discriminatory act. This is a hard cutoff. If you have started but not submitted an intake form in the CCRS portal, it will remain saved for 30 days, giving you time to gather additional information before formally submitting. If the CRD closes your case and you disagree with the outcome, you must file an Appeal Request Form within 10 calendar days of the date on the Notice of Case Closure letter.
Separately, § 12946, as amended by SB 807 effective Jan 1, 2022, requires records be retained for a minimum of FOUR years after creation or after the employment action. This matters because records your employer must legally preserve are often critical evidence in a FEHA claim.
What to Preserve Before You File
- Copies of all accommodation requests you submitted, whether written, email, or text
- Any written responses from HR or management regarding your request
- Performance reviews from before and after your disability disclosure
- Emails, messages, or notes showing hostile or dismissive comments about your condition
- Your termination or discipline notice, if applicable
- Medical records and doctor’s notes you provided to your employer
- Names and contact information of coworkers who witnessed relevant events
- A written timeline of events in chronological order, created as soon as possible
What Compensation Can You Recover in a California Disability Discrimination Case
Under Government Code section 12965, a prevailing plaintiff in a FEHA disability discrimination case may recover:
- Back pay: All wages and benefits lost from the time of the discriminatory act to the date of judgment, with no statutory cap.
- Front pay: Compensation for anticipated future wage losses where reinstatement is not feasible.
- Emotional distress damages: No statutory cap applies under FEHA, unlike the ADA’s limit of $50,000 to $300,000 under 42 U.S.C. section 1981a.
- Punitive damages: Available where the employer acted with malice, oppression, or fraud, as defined in Civil Code section 3294.
- Injunctive relief: Courts may order reinstatement, policy changes, or accommodation as equitable remedies.
- Attorney’s fees and costs: Under Government Code section 12965(b), a prevailing employee is entitled to mandatory fee shifting. A prevailing defendant may only recover fees if the court finds the plaintiff’s claim was frivolous.
For a detailed look at how settlement values are calculated in practice, our related article on the average disability discrimination settlement walks through the factors courts and defense counsel consider.
What This Means If Your Employer Denied Your Accommodation or Let You Go
If you were fired, passed over, or pushed out after disclosing a medical condition or requesting a schedule or duty change, the three-year filing window under FEHA is your most important practical constraint. Do not wait to see whether things improve. Start documenting now: write down what happened, when, who was present, and what was said, while those details are fresh. If your employer told you your condition “doesn’t qualify,” that claim may be based entirely on federal ADA standards that do not apply to your California case. A condition that falls short under the ADA can still be fully protected under FEHA. The attorney’s fee shifting provision in Government Code section 12965(b) means that if your claim has merit, the cost of legal representation should not be a barrier to pursuing it.
For workers in the Los Angeles area, our employment discrimination attorneys can evaluate whether your facts support a FEHA claim and advise on next steps.
Frequently Asked Questions
Does my condition have to be permanent to qualify under FEHA?
No. Government Code section 12926.1(c) explicitly covers episodic and chronic conditions, including those that are in remission or managed with medication. The condition simply needs to limit a major life activity at some point, not continuously.
My employer has only eight employees. Am I still protected?
Yes. FEHA applies to any employer who regularly employs five or more persons under Government Code section 12926(d). The federal ADA’s 15-employee minimum does not govern your California claim.
Can I be fired for requesting an accommodation, even if the request was denied?
Terminating or otherwise retaliating against an employee for requesting accommodation is independently prohibited under Government Code section 12940(h), regardless of whether the accommodation was granted.
What if I am an independent contractor, not an employee?
Government Code section 12940(j)(1) extends harassment protections to persons providing services under a contract. Discrimination protections for independent contractors under FEHA are more limited; the scope depends on the specific facts of the working relationship. Consulting an attorney is advisable if your status is ambiguous.
I am in Monterey. Can Setareh Law Group help me?
Yes. Our firm handles FEHA disability discrimination claims throughout California. Our resource on disability discrimination lawyers in Monterey provides additional information for workers in that region.
How long does the CRD process take before I can sue?
After filing with the CRD, you may request an immediate right-to-sue letter, which allows you to proceed to civil court without waiting for the CRD to complete its investigation. Timing strategy depends on the specific facts of your case and should be discussed with an attorney. For a broader overview of your rights, see our guide on disability discrimination employment rights in California.
Contact Setareh Law Group: If you believe you have experienced disability discrimination at work in California, our employment law team is available to discuss your situation in a confidential consultation. We handle FEHA claims on a contingency basis. Contact Setareh Law Group today to speak with an attorney about your rights.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
Sources and Additional Resources
Authoritative sources cited
- Fair Employment and Housing Act (FEHA), Government Code sections 12900 through 12996
- Government Code section 12926(m)
- Government Code section 12926.1(c)
- Gov. Code § 12965
- California Civil Rights Department (CRD)
- Government Code section 12946
- Civil Code section 3294
Related Setareh Law Group resources
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