Protecting the Rights of Disabled and Recovering Workers
In California, having a disability or needing a medical leave of absence should never be a career-ending event. Yet, many employees find that as soon as they disclose a diagnosis or request time off for surgery, their employer’s attitude shifts. You may face sudden "performance issues," be excluded from key projects, or find your position has been "restructured" while you were away.
Ezoory Labor Law is committed to providing employees with aggressive and passionate legal advocacy. We provide the highest quality of legal services to help resolve cases and defeat workplace discrimination. We are dedicated to guarding workers’ rights and defending employees all throughout California.
If you have been treated unfairly because of a physical or mental disability, or if you were penalized for taking a legally protected medical leave, you need an experienced California disability discrimination lawyer on your side. We specialize in holding employers accountable for violating the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA).
Disability Discrimination Under California Law
California’s disability protections are significantly broader than federal laws like the Americans with Disabilities Act (ADA). Under the Fair Employment and Housing Act (FEHA), which applies to employers with 5 or more employees, a "disability" is defined as any physical or mental impairment that makes a "major life activity" (like working, walking, or concentrating) difficult.
Types of Protected Disabilities
Physical Disabilities
Chronic conditions like diabetes, epilepsy, or cancer; mobility impairments; and sensory disabilities.
Mental Disabilities
Clinical depression, anxiety disorders, PTSD, bipolar disorder, and certain learning disabilities.
Medical Conditions
Genetic characteristics or a record of health impairments like cancer.
Perceived Disabilities
Even if you are not actually disabled, if your employer treats you as if you have a disability (e.g., assuming you can’t handle a promotion because you had a prior health scare), they are violating the law.
Reasonable Accommodations and the Interactive Process
One of the most common reasons to hire a disability discrimination attorney is when an employer refuses to accommodate an employee’s needs.
What is a Reasonable Accommodation?
Employers must provide modifications that allow a disabled employee to perform their "essential job functions," as long as it doesn't cause an "undue hardship" (significant difficulty or expense). Examples include:
- Adjusted work schedules or part-time work.
- Ergonomic office equipment or modified workstations.
- Providing a quiet workspace for those with mental health conditions.
- Finite Medical Leave: In California, a leave of absence can be a form of reasonable accommodation, even if you’ve exhausted your FMLA/CFRA time.
The Good Faith Interactive Process
The law requires a "timely, good faith interactive process." This means as soon as your employer knows you need help, they must talk to you to explore possible solutions. If they ignore your doctor’s note or flatly refuse to help without a conversation, they have violated the law—regardless of whether an accommodation was eventually possible.
Medical Leave Discrimination: CFRA and FMLA
Taking time off to care for your health or a family member’s health is a protected right. In California, the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide up to 12 weeks of job-protected leave.
Signs of Medical Leave Discrimination
Interference
Your employer discourages you from taking leave or pressures you to work while you are out.
Failure to Reinstate
You return from leave only to find you’ve been demoted or replaced by a younger or "healthier" employee.
Retaliation
Being fired shortly after requesting leave or during your recovery period.
2026 Legal Update
Under SB 477, if you file a complaint regarding leave or disability discrimination with the Civil Rights Department (CRD), the statute of limitations to file a lawsuit is paused while you appeal any administrative decisions. This ensures you have ample time to find a lawyer for disability discrimination and build your case.
Proving Your Case: The Role of a Disability Discrimination Attorney
Employers often hide discrimination behind claims of "poor performance" or "business necessity." We expose the truth by analyzing:
The Timing
Did the "performance issues" only start after you disclosed your disability or requested leave?
Comparative Treatment
Are non-disabled employees allowed to take leave or work flexible schedules, while you are denied?
Documentation
Did the employer fail to engage in the interactive process or ignore your medical certifications?
Damages: What Can You Recover?
If your rights were violated, an age and disability discrimination lawyer (or specialized disability attorney) can help you recover:
Lost Wages (Back Pay and Front Pay):
Money you lost due to being fired or demoted.
Emotional Distress
Compensation for the stress and trauma of being discriminated against while dealing with a health crisis.
Punitive Damages
Awarded in cases where the employer acted with malice or a conscious disregard for your rights.
Attorney’s Fees
Under FEHA, the employer is usually required to pay your legal costs if you win.
Contact Ezoory Labor Law Today
Your health should be your priority, not a reason for your employer to discriminate against you. Ezoory Labor Law is dedicated to guarding workers’ rights and defending employees all throughout California.
Call us today for a free, confidential case evaluation with an experienced disability and medical leave discrimination attorney.
