Disability Discrimination and Wrongful Termination in California: Know Your Rights
Firing or treating an employee unfairly because of a disability is against the law in California. California FEHA and the federal ADA both protect employees with physical and mental disabilities, and both require employers to provide reasonable accommodations. Employees facing disability discrimination at work have strong legal rights and can take action to recover full compensation.
What Is Disability Discrimination in California
Disability discrimination happens when an employer treats a qualified employee unfairly because of a physical or mental disability. This includes refusing accommodations, making hurtful comments, disciplining unfairly, paying differently, or firing without cause.
California FEHA covers employers with five or more employees. The federal ADA covers employers with 15 or more employees. FEHA defines disability more broadly than the ADA, covering conditions like cancer, HIV, and even some temporary conditions that federal law might not cover.
A qualified employee with a disability is someone who can perform the essential functions of the job, with or without a reasonable accommodation. Both FEHA and the ADA protect this group from unfair treatment in every part of employment.
What Counts as a Disability Under California Law
FEHA uses a broad definition of disability that covers far more conditions than most employees realize.
Conditions Covered Under FEHA
- Physical disabilities affecting major body systems including neurological, immunological, musculoskeletal, and respiratory systems
- Mental disabilities including any mental or psychological disorder that limits a major life activity
- Chronic illnesses such as cancer, HIV, AIDS, diabetes, and heart conditions
- Temporary conditions that still limit a major life activity during the period they exist
- Being regarded as disabled, even if the employee does not actually have the condition
- Association with someone who has a disability, such as caring for a family member
FEHA protects employees regarded as disabled by their employer, even without a formal diagnosis. This means an employer’s belief about an employee’s condition can trigger the same legal protections as an actual disability.
Common Examples of Reasonable Accommodations
- Modifying a work schedule to accommodate medical appointments or treatment
- Making the workplace physically accessible for employees with mobility limitations
- Providing assistive equipment or ergonomic tools
- Reassigning the employee to a vacant position they can perform
- Allowing additional unpaid leave for medical treatment or recovery
- Adjusting job duties to remove non-essential tasks the employee cannot perform
FEHA requires employers to engage in a timely, good faith interactive process when an employee requests an accommodation or when the employer becomes aware of the need. Both sides must communicate openly about essential job functions and possible solutions. Failing to engage in this process is itself a separate violation under California law.
When Disability Discrimination Becomes Wrongful Termination
Disability discrimination becomes wrongful termination the moment an employer fires an employee because of an actual or perceived disability. It also becomes wrongful termination when an employer fires an employee instead of providing a reasonable accommodation.
Common Examples of Disability-Related Wrongful Termination
Signs a Termination May Have Been Disability Discrimination
- Firing an employee shortly after they disclose a disability or medical condition
- Firing an employee for requesting a reasonable accommodation
- Refusing to engage in the interactive process and firing the employee instead
- Firing an employee while they are on approved medical leave
- Using a perceived disability as the real reason for termination while citing performance as the official reason
- Firing an employee because of their association with a family member who has a disability
A termination can be legal in limited situations. If the employee cannot perform the essential job functions even with reasonable accommodation, or if the employee poses a direct threat to health or safety in the workplace, the termination may not violate FEHA. An employment lawyer can review the specific facts to determine which situation applies.
Recognizing warning signs early gives employees more time to document evidence and consult legal help before filing deadlines pass.
Key Red Flags to Watch
- Fired shortly after disclosing a disability or requesting an accommodation
- Employer never engaged in the interactive process before the termination
- Performance reviews turned negative for the first time after the disability was disclosed
- Employer made comments about the employee’s condition, treatment, or medical appointments
- Fired while on approved medical leave or shortly after returning from leave
- Replaced by an employee without a known disability shortly after the firing
- Employer cited vague performance issues with no documentation before the disclosure
A combination of these signs points strongly toward disability-related wrongful termination. Documenting each sign immediately after the firing protects the legal claim significantly.
How to Prove Disability Discrimination and Wrongful Termination
Building a strong disability discrimination claim requires solid evidence connecting the employer’s conduct to the employee’s disability. California courts use a specific legal standard under CACI No. 2540.
Key Elements to Prove Under FEHA
- The employee suffered from a disability, or was regarded as suffering from a disability
- The employee could perform the essential duties of the job with or without reasonable accommodation
- The employee was subjected to an adverse employment action because of the disability or perceived disability
Key Evidence Needed
- Accommodation request records: Emails or written requests for accommodation and the employer’s response
- Medical documentation: Records showing the disability and any accommodation requests made to the employer
- Performance reviews: A strong performance record before the disability was disclosed
- Termination notice: Written or verbal communication about the firing and the reason given
- Timeline evidence: Dates connecting the disability disclosure or accommodation request to the termination decision
- Witness statements: Statements from coworkers observing changes in treatment after the disclosure
- Interactive process records: Documentation showing whether the employer engaged in or refused the interactive process
A pretextual termination of an employee regarded as disabled, where the real reason is the disability and the stated reason is something else, is itself a violation of FEHA.
Real-World Example
Michael worked as a customer service manager at a retail company in San Diego for six years with strong performance reviews. After being diagnosed with a chronic illness, he requested a modified schedule to attend regular treatment appointments. His employer never responded to the request. Two months later, his employer fired him citing attendance issues, despite never raising attendance as a problem before the diagnosis.
Michael hired a wrongful termination attorney in San Diego and filed a disability discrimination complaint with the California Civil Rights Department. His medical records, the written accommodation request that went unanswered, and the timeline between his diagnosis and the termination established that the employer failed to engage in the interactive process and fired him because of his disability. Michael recovered back pay, front pay, and personal distress damages through a settlement.
CDV Law Firm offers a 100% free, no-obligation case review. Our team reviews each employment situation and helps workers understand whether a termination involved disability discrimination under California law.
Steps to Take After a Disability-Related Wrongful Termination
Taking the right steps immediately after a termination protects all available legal rights and strengthens the overall claim.
- Document everything immediately: Save all emails, medical records, accommodation requests, performance reviews, and the termination notice
- Gather accommodation request records: Collect any written requests for accommodation and the employer’s response, including any lack of response
- Request the termination reason in writing: Ask the employer to provide a written explanation. A written reason creates a record that can be examined and challenged
- File a complaint with the CRD: For FEHA disability discrimination claims in California, file with the California Civil Rights Department within three years of the violation
- File with the EEOC if applicable: For federal ADA claims, the deadline is 300 days from the discriminatory act. Both filings can happen at the same time
- Consult an employment lawyer in California: A lawyer handling disability discrimination and wrongful termination claims identifies the strongest legal path and ensures no deadlines are missed
- Track all financial losses: Document lost wages, lost benefits, and any costs tied to the job loss from the termination date forward
Acting fast is essential. Missing a filing deadline can permanently close the right to pursue compensation.
Compensation Available for Disability Discrimination and Wrongful Termination
Winning a disability discrimination and wrongful termination claim in California can result in several types of compensation. The goal is to restore every dollar and benefit lost because of the disability-based firing.
Types of Compensation Available
- Back pay: All wages lost from the termination date to the date of settlement or court judgment
- Front pay: Estimated future lost wages if returning to the same or comparable position is not practical
- Personal distress damages: Compensation for anxiety, psychological suffering, and mental health impact caused by the disability-based wrongful termination
- Employer penalty damages: Awarded when the employer acted deliberately or dishonestly in carrying out the disability-based termination
- Reinstatement: A court order requiring the employer to restore the employee to the original position
- Attorney fees and legal costs: Both FEHA and the ADA allow employees who win their case to recover attorney fees and legal costs
Under FEHA there is no cap on the damages a California employee can recover in a disability discrimination case. Compensation varies based on the strength of evidence, the employee’s salary, and the severity of the employer’s conduct. A wrongful termination attorney in San Diego, Los Angeles, or anywhere in California can review the facts and provide a realistic estimate.
Conclusion
Disability discrimination and wrongful termination based on a disability are serious violations of California and federal law. Every employee in California has the right to a fair process and reasonable accommodation in 2026 and beyond.
Employees facing disability-related wrongful termination have a clear path to pursue justice. The key is to act quickly, document everything, and get proper legal help before any filing deadlines pass.
CDV Law Firm offers a 100% free, no-obligation case review online. Our team provides detailed advice based on each employment situation and helps workers understand how to protect their rights. The firm handles disability discrimination and wrongful termination claims including:
- Retaliation: Being fired or punished for requesting an accommodation or reporting disability discrimination
- Discrimination: Being treated unfairly or fired because of a disability, race, gender, age, religion, or national origin
- Sexual harassment: Facing unwanted sexual comments, physical advances, or repeated conduct that makes the workplace uncomfortable and hostile
- Wage claims: Not receiving earned wages, having overtime withheld, or not getting a proper final paycheck after termination
Contact CDV Law Firm or call the California offices directly. Our legal team focuses on holding employers accountable and serves clients across California including Los Angeles and San Diego. Fill out the contact form to get a case evaluation with no obligation.