Disability Discrimination and Failure to Accommodate in California: Employee Rights and How to Protect Yourself

California has some of the strongest disability protection laws in the United States. Workers with physical, mental, and medical conditions are protected from discrimination, harassment, wrongful termination, and the denial of reasonable accommodations. When employers refuse to follow these laws, they can be held legally responsible.

This guide explains what disability discrimination looks like, how accommodations work, what employers are required to do, and how employees can take action.

What Counts as a Disability Under California Law?

California law uses a broader definition of disability than federal law. A disability includes any physical or mental condition that limits a major life activity, such as walking, working, eating, sleeping, lifting, breathing, or concentrating.

Common disabilities include:

• Back injuries
• Chronic pain
• Depression or anxiety
• ADHD
• Diabetes
• Heart conditions
• Cancer
• Pregnancy related medical conditions
• Mobility impairments
• Vision or hearing impairments
• Neurological disorders

The California Civil Rights Department provides detailed information on disability protections at https://calcivilrights.ca.gov.

An employee does not need to be severely disabled to receive protections. Even temporary conditions can qualify.

What Is Disability Discrimination?

Disability discrimination occurs when an employer mistreats, terminates, refuses to hire, demotes, or denies benefits to an employee because of a physical or mental condition.

Examples of disability discrimination include:

• Firing an employee after they request medical leave
• Refusing to modify duties after an injury
• Mocking or criticizing a disability
• Denying promotions due to medical limitations
• Reducing hours because of a medical condition
• Refusing to consider remote work when feasible
• Ignoring doctor restrictions
• Pressuring an employee to resign
• Treating employees less favorably after learning of a diagnosis

Even subtle discrimination can be unlawful.

The Right to Reasonable Accommodations

One of the strongest protections for disabled workers is the right to reasonable accommodations. A reasonable accommodation is any change to the work environment that allows the employee to perform the essential functions of the job.

Examples of reasonable accommodations include:

• Modified job duties
• Schedule adjustments
• Remote work when possible
• Extra breaks for medical needs
• Assistive devices or equipment
• Medical leave for recovery or treatment
• Ergonomic desks or chairs
• Reassignment to an open position

California law requires employers to accommodate disabilities unless doing so would cause significant hardship to the company.

The Interactive Process

Before denying an accommodation, the employer must participate in a good faith interactive process. This is a conversation between the employer and the employee to determine what accommodations are needed and how they can be implemented.

Employers must:

• Communicate promptly
• Request and review medical documentation if needed
• Suggest accommodations when appropriate
• Consider all reasonable options
• Engage in an open, honest discussion

If an employer refuses to engage in the interactive process, they may be breaking the law, even if the accommodation was possible.

What Happens When Employers Fail to Accommodate?

Failure to accommodate is one of the most common disability related violations. It occurs when an employer:

• Ignores accommodation requests
• Refuses to modify duties
• Declines medical leave without justification
• Insists the employee work without restrictions
• Claims they cannot accommodate without evidence
• Punishes an employee for having restrictions
• Forces an employee to quit due to limitations

These actions can lead to a strong legal claim.

Medical Leave as an Accommodation

Medical leave is considered a form of reasonable accommodation in California. Even if employees are not eligible for FMLA or CFRA, employers must still consider extended leave if it does not create an undue hardship.

This includes leave for:

• Surgery
• Recovery
• Medical appointments
• Treatment for chronic conditions
• Mental health care

Denying medical leave without proper justification can be illegal.

Protection From Harassment Due to Disabilities

Disabled workers also have the right to a workplace free from harassment. Harassment includes:

• Insults about a disability
• Jokes about someone’s condition
• Offensive comments
• Mocking medical limitations
• Pressure to work beyond restrictions
• Harsh treatment after revealing a diagnosis

Harassment based on disability is illegal and can support a separate claim.

What Evidence Helps Prove Disability Discrimination?

Employees should collect:

• Doctor notes or medical restrictions
• Emails about accommodations
• Requests submitted to HR
• Notes documenting conversations and dates
• Performance reviews
• Witness statements
• Evidence of different treatment after disclosure of a disability
• Company policies

The more documentation, the stronger the case.

Compensation Available in Disability Discrimination Cases

Victims may be entitled to recover:

• Lost wages
• Future earning capacity
• Emotional distress
• Out of pocket costs
• Attorney fees
• Medical expenses
• Punitive damages for intentional violations

California juries take disability discrimination cases very seriously.

Federal Disability Protections

In addition to California laws, employees are protected under federal laws such as the Americans with Disabilities Act, which the U.S. Equal Employment Opportunity Commission explains at https://www.eeoc.gov/disability-discrimination.

California’s laws are stronger, but federal protections add another layer of rights.

Final Thoughts

Disability discrimination and failure to accommodate are significant violations of California law. Workers with physical or mental conditions have powerful rights, and employers must provide reasonable accommodations, treat disabled employees fairly, and prevent harassment. When they fail to do so, employees may be entitled to substantial compensation.