Disability Discrimination Attorney: What to Do If You've Faced Disability Discrimination at Work

You told your employer about a medical condition, or you asked for time off to recover from surgery, manage a chronic illness, or care for your health. Instead of support, you got pushback,  a demotion, a sudden write-up, a "restructuring" that eliminated your position, or an outright denial of the leave or accommodation you needed. If this happened to you, a disability discrimination attorney can help you understand whether what you experienced was legal and, if it wasn't, what your options are.

Disability discrimination at work is more common than most employees realize, and California law gives you more protection than the average worker assumes.

Key Takeaways

• FEHA protects a broader range of employees and conditions than the federal ADA and applies to smaller employers.
• Employers must engage in good-faith interactive dialogue before denying an accommodation a denial without that process is a red flag.
• Additional leave can be a required accommodation even after FMLA or CFRA leave is exhausted.
• Retaliation after disclosing a disability or requesting leave, not just outright denial, is illegal.
• Acting quickly protects both your job and your legal options, since strict filing deadlines apply.

Recognizing Disability Discrimination in the Workplace

Disability discrimination in the workplace doesn't always look like an outright firing. It can show up as being passed over for a promotion after disclosing a diagnosis, having your hours quietly cut, being excluded from projects, or facing pressure to "just push through" instead of receiving an accommodation you're legally owed.

Who Is Protected Under California Disability Law?

California's Fair Employment and Housing Act (FEHA) is broader than the federal Americans with Disabilities Act (ADA) in several important ways. FEHA applies to employers with five or more employees, compared to the ADA's 15-employee threshold, and it defines "disability" more broadly, covering conditions that merely limit a major life activity, not just those that severely restrict it.

You are generally protected if you:

• Have a physical or mental condition that limits a major life activity, including work
• Have a history of such a condition, or are regarded as having one, even if you don't currently have symptoms
• Are able to perform the essential functions of your job with or without a reasonable accommodation

Chronic illnesses, mental health conditions, pregnancy-related conditions, and temporary impairments from surgery or injury can all qualify. You don't need a permanent or visible disability to be protected.

What Employers Are Required to Do

Once your employer knows about your condition, California law requires more than just tolerance. Employers must:

• Engage in a timely, good-faith "interactive process" to identify possible accommodations
• Provide reasonable accommodations, modified duties, schedule changes, equipment, or leave unless doing so would cause undue hardship
• Consider leave itself as a potential accommodation, even after other leave (like FMLA or CFRA) has been exhausted
• Avoid asking intrusive medical questions beyond what's needed to evaluate the accommodation request

Employers are allowed to request medical documentation supporting a leave or accommodation request. What they cannot do is use that documentation process as a stalling tactic or reject an accommodation without seriously exploring alternatives.

When Can an Employer Legally Deny a Leave or Accommodation Request?

Not every denial is unlawful. An employer may lawfully decline a request if:

• The requested accommodation would create a genuine undue hardship given the size and resources of the business
• No reasonable accommodation exists that would allow you to perform the essential functions of the job, even with leave or modification
• You failed to provide requested medical certification after being given a fair opportunity to do so
• The leave or accommodation request isn't tied to an actual qualifying medical condition

The key word is genuine. Employers sometimes assert undue hardship or business necessity without ever seriously evaluating whether an accommodation was actually workable, and that's where a lawful-sounding denial can become an unlawful one.

When Denials Cross Into Discrimination

Problems arise when an employer uses the accommodation or leave process as a pretext to push out an employee they no longer want or to avoid the inconvenience of managing a medical situation. This can be a form of disability discrimination in the workplace. Common warning signs include:

• Denying leave or accommodation without engaging in any real interactive process
• Terminating, demoting, or reassigning you shortly after you disclose a condition or request leave
• Pressuring you to resign, take a "voluntary" leave, or accept a lesser role instead of receiving an accommodation
• Treating a request for accommodation as a performance problem or attitude issue
• Retaliating against you through negative reviews, exclusion from meetings, or a sudden change in treatment after you raise a medical or disability issue

California law prohibits not just outright denial of accommodation, but also retaliation against employees who request accommodations, take protected leave, or report disability discrimination. Timing is often one of the strongest pieces of evidence: an adverse action that follows closely after a disclosure or request is a pattern courts and juries take seriously.

How FEHA, the ADA, FMLA, and CFRA Fit Together

Employees in California are often protected by multiple overlapping laws at once—and employers sometimes exploit the confusion between them. FEHA and the ADA both address disability discrimination and reasonable accommodation, while the federal FMLA and California's own Family Rights Act (CFRA) govern job-protected leave.

Here's what tends to trip people up: exhausting your FMLA or CFRA leave does not automatically end your rights. If you are still unable to return to work, additional leave can still be required as a disability accommodation under FEHA, separate and apart from FMLA/CFRA entitlements. Employers who assume leave rights end the moment a leave law's clock runs out are often getting the law wrong, and that mistake can become the basis of a claim.

How to Sue for Disability Discrimination in California

If you think your employer mishandled your accommodation request, denied your leave improperly, or retaliated against you for a medical condition, here's what the process of pursuing a claim generally looks like:

1. Document everything. Save emails, leave requests, medical certifications, and any communication about your accommodation.
2. Note the timeline. Write down when you disclosed your condition or requested leave, and what happened afterward.
3. Don't sign anything under pressure. If you're asked to resign or accept a demotion "in exchange" for accommodation, get advice before agreeing to anything.
4. File a complaint with the California Civil Rights Department (CRD) or the EEOC. In most cases, this step is required before you can sue for disability discrimination in California, and it comes with strict deadlines.
5. Speak with a disability discrimination attorney promptly. An attorney can evaluate whether your case supports a lawsuit, help you meet filing deadlines, and negotiate on your behalf many cases resolve through a disability discrimination settlement before ever reaching trial.

If you've searched for a "disability law attorney near me," it's worth choosing one who focuses specifically on employee-side representation and understands both federal law and California's broader FEHA protections the overlap between the two is often where the strongest cases are built.

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If you believe you've experienced disability discrimination at work, a disability discrimination attorney at Ezoory Labor Law can help. We represent employees throughout California in accommodation, leave, and retaliation disputes, contact us for a free, confidential case evaluation.

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