Disability discrimination can happen when an employer treats a worker unfairly because of a medical condition, disability, perceived disability, or need for workplace accommodation. If you believe this happened to you, call (949) 379-6250 or contact Aegis Law Firm online to schedule a free consultation with a Santa Ana workplace discrimination lawyer.
Disability discrimination occurs when an employer treats an employee or applicant unfavorably because of a physical disability, mental disability, medical condition, history of disability, or perceived disability. Common examples include:
Disability discrimination is not always obvious. An employer may use attendance, productivity, restructuring, or performance language to justify a decision.
A reasonable accommodation is a change that allows a qualified employee to perform essential job duties, access workplace benefits, or remain employed despite a disability-related limitation. California employers are required to evaluate accommodation requests based on the employee’s actual restrictions and job duties, not assumptions about the condition. Possible accommodations may include:
An accommodation request does not require perfect legal language. An employee may trigger the process by telling a supervisor or human resources that a medical issue affects work duties, schedule, attendance, or workplace access. Once the employer becomes aware of a possible need for accommodation, the company must address the issue through a good-faith process.
Employers often make mistakes by treating accommodation requests as inconveniences rather than legal obligations. A company may demand excessive medical information, delay its response, reject requests without explanation, or offer a solution that does not match the employee’s restrictions.
The interactive process requires communication between the employer and employee to identify an effective accommodation. The process should involve practical discussion, review of job duties, consideration of medical restrictions, and exploration of workable options. Examples of interactive process failures include:
A failed interactive process can support a legal claim even when the employer later argues that no accommodation was available. California law requires a timely, good-faith effort.
California’s Fair Employment and Housing Act (FEHA) provides broad protection for workers with disabilities. It applies to employers with five or more employees and covers physical disabilities, mental disabilities, medical conditions, and perceived disabilities.
Discrimination Based on Disability
Government Code §12940(a) makes it unlawful for an employer to discriminate against a person because of physical disability, mental disability, medical condition, or other protected traits in “compensation or in terms, conditions, or privileges of employment.”
This law protects employees from adverse actions tied to disability, including termination, demotion, reduced hours, denied promotion, unequal discipline, and unfavorable assignments.
Reasonable Accommodation
Government Code §12940(m)(1) makes it unlawful for an employer to “fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee.” Unless the employer can prove undue hardship.
Interactive Process
Government Code §12940(n) says it is unlawful for an employer to “fail to engage in a timely, good faith, interactive process” with an employee or applicant to determine effective reasonable accommodations.
Prevention of Discrimination
Government Code §12940(k) requires employers to “take all reasonable steps necessary to prevent discrimination and harassment from occurring.” This obligation may apply when supervisors ignore disability-related mistreatment, allow harassment to continue, or fail to correct unlawful workplace practices.
Disability discrimination cases often involve more than one legal issue, such as retaliation, medical privacy violations, or wrongful termination. A lawyer can help by:
Employers often control the records, internal communications, and decision-making details that explain what happened. An employment attorney can obtain and organize that evidence, challenge unsupported explanations, and present the full timeline in a way that protects your rights, income, and future employment options.
Call (949) 379-6250 or message Aegis Law Firm online to schedule a free consultation today. Our experienced employment attorneys in Santa Ana can review what happened and explain your options.