Short answer: if your employer fired you, demoted you, harassed you, or refused to accommodate you because of a disability, an injury, or a medical condition, California law is strongly on your side. Stronger than federal law, in fact. This page is about workplace disability discrimination: what counts, what your employer was legally required to do, and the deadlines that decide whether you can still bring a claim. Free consultation, 24/7, English and Spanish: (888) 772-2529. No fee unless you recover.
California gives disabled workers more protection than federal law
The Fair Employment and Housing Act (FEHA, Gov. Code § 12940) is California’s workplace discrimination law, and it beats the federal ADA on almost every measure that matters to you. It applies to employers with just 5 or more employees (the ADA requires 15). It defines disability more broadly: under FEHA a condition that limits a major life activity is enough, while the ADA requires one that substantially limits it. And it has longer filing deadlines. Physical disabilities, chronic illnesses, mental health conditions, and work injuries that leave lasting restrictions can all qualify. If a manager treated you differently because of your condition, or because they believed you had one, that can be discrimination even if you dispute the label. FEHA is a statewide law, and we represent workers on these cases across all of California, by phone, from San Diego to the Bay Area.
What your employer was required to do
California employers owe disabled workers two specific legal duties, and breaking either one is independently unlawful:
- Reasonable accommodation. Modified duties, schedule changes, equipment, leave for treatment, or reassignment to an open position, unless the employer can prove genuine undue hardship.
- The interactive process. A timely, good faith conversation with you about what accommodations could work. Employers who ignore accommodation requests, or answer them with silence and then termination, violate this duty on its own.
What workplace disability discrimination looks like
- Fired or laid off shortly after disclosing a condition, requesting an accommodation, or returning from medical leave
- Terminated after a work injury instead of being given modified duty, a pattern we see constantly in workers comp cases
- Refused hire or promotion because of a medical condition or history
- Harassed, written up, or pushed out after asking for help
- Told there is no light duty and sent home permanently while the job gets filled
- Retaliated against for filing a workers comp claim or taking protected medical leave
Hurt at work and then pushed out? You may have two cases.
This is where our workers compensation background matters. If your disability came from a work injury and your employer then failed to accommodate you or terminated you, you may have a workers comp claim and a separate FEHA discrimination case, with different deadlines, different remedies, and full civil damages available in the FEHA case. Most comp attorneys never screen for the second case. It is the first thing we look for.
What you can recover
Lost wages and benefits (back pay and future loss), emotional distress damages, attorney fees, and in egregious cases punitive damages. Unlike workers comp, a FEHA case compensates the human cost, not just the economic one.
The deadlines
- 3 years to file a complaint with the California Civil Rights Department (CRD) for FEHA violations (Gov. Code § 12960)
- 1 year to file suit after the CRD issues a right to sue notice
- Federal EEOC claims run on much shorter clocks (generally 300 days in California)
Exceptions can move these dates in either direction, and the evidence (emails, texts, personnel files, witness memories) degrades long before any deadline. Confirm your exact deadline with an attorney rather than assuming.
What to document right now
Save every email and text about your condition, accommodation requests, and the employer’s responses. Write down dates, names, and what was said. Keep your performance reviews. And do not sign a severance agreement without having it reviewed; severance offers routinely ask you to waive exactly these claims for far less than they are worth.
Denied Social Security disability benefits instead?
If your issue is not an employer mistreating you but the government denying your SSDI or SSI claim, that is a different case, and we handle those too, nationwide. One call sorts out which situation you have: (888) 772-2529.
Frequently asked questions
My employer says they only have a few employees, so the law does not apply. True? FEHA applies from 5 employees, and harassment protections apply to even smaller employers. Do not take their word for it. I was still in my probation period. Do I have rights? Yes. FEHA protects applicants and new employees the same as veterans of the company. At will employment does not license discrimination. My condition is temporary, a back injury that is healing. Am I covered? Often yes. California’s broad definition can cover conditions that limit a major life activity even temporarily, and your employer’s obligation to accommodate applied while you were limited. Does my immigration status matter? No. FEHA protects all California workers regardless of status, and your consultation is confidential. And if an employer threatens to report your immigration status because you asserted your rights, that threat is itself illegal in California and adds another claim against them. I am not in Los Angeles. Can you still take my case? Yes. FEHA is a statewide law and we handle these cases across California, with consultations by phone. What does it cost? Nothing up front. We work on what is called a contingency fee, which means we only get paid if we recover money for you, and our fee comes out of that recovery. If we recover nothing, you owe us nothing. And in some cases, California law also lets the court order the employer to pay your attorney fees on top of what you recover. Call now: (888) 772-2529. Hablamos español, 24/7.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: August 30, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm yours with an attorney. Past results do not guarantee future outcomes.