March 31, 2025

Fired for Disability Discrimination in California? When It’s Legal & When It’s Not

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Short answer: Disability terminations in California are illegal when based on bias, failure to accommodate, or retaliation, but may be legal when the employee cannot perform essential job functions even with reasonable accommodations or when termination stems from legitimate, non-disability-related performance issues.

What Can Count as Disability Discrimination in California

Here are numerous reasons that may constitute illegal disability discrimination in California when terminating an employee:

1. Firing an employee directly because of their disability
2. Terminating someone after they disclose a disability
3. Firing after an employee requests reasonable accommodations
4. Refusing to engage in the interactive process for accommodations
5. Denying reasonable accommodations that wouldn’t cause undue hardship
6. Creating a hostile work environment based on disability
7. Applying stricter performance standards to employees with disabilities
8. Using disability-related absences as grounds for termination when they should be accommodated
9. Retaliating against an employee for filing a disability discrimination complaint
10. Making assumptions about what a person with a disability can or cannot do
11. Terminating someone because of their association with a person with a disability
12. Firing an employee after they return from disability leave
13. Using medical examinations or inquiries improperly to justify termination
14. Disclosing confidential medical information that leads to termination
15. Citing safety concerns without objective evidence of direct threat
16. Terminating based on a perceived disability even if the person isn’t actually disabled
17. Using coded language or stereotypes that reveal discriminatory intent
18. Failing to provide auxiliary aids or services necessary for job performance
19. Terminating instead of offering reassignment to a vacant position
20. Inconsistently enforcing attendance policies against employees with disabilities
21. Constructive discharge by making working conditions intolerable for someone with a disability
22. Terminating an employee who needs leave as an accommodation
23. Failing to consider part-time or modified work schedules as accommodation options
24. Using blanket policies that disproportionately impact people with disabilities
25. Terminating based on minor infractions that would be overlooked for non-disabled employees
26. Using a reduction in force to disproportionately target employees with disabilities
27. Pressuring an employee to resign rather than provide accommodations
28. Refusing to promote or selecting for layoff based on disability status
29. Citing an employee’s use of accessible facilities or services as performance problems
30. Terminating due to temporary conditions that qualify as disabilities under California law

When Terminating an Employee with a Disability Could be Legal

Below are reasons why terminating an employee with a disability might be legally justified and not considered discrimination:

1. Employee cannot perform essential job functions even with reasonable accommodations
2. Providing accommodation would cause undue hardship to the employer
3. Employee poses a direct threat to health or safety that cannot be mitigated
4. Poor performance unrelated to disability (documented through objective criteria)
5. Misconduct that violates company policy, regardless of disability
6. Restructuring, downsizing, or elimination of position based on legitimate business needs
7. End of temporary or contract position as originally scheduled
8. Employee refuses to engage in the interactive process in good faith
9. Employee refuses reasonable accommodations offered by employer
10. Excessive absenteeism not protected by disability leave laws
11. Business closure or relocation
12. Employee lacks required qualifications, licenses, or certifications
13. Termination part of a broader reduction in force with neutral selection criteria
14. Position requires physical abilities that are essential and cannot be accommodated
15. Drug or alcohol use that impairs job performance (not protected as a disability if currently using)
16. Dishonesty in job application or falsification of credentials
17. Violation of safety protocols that endangers others
18. Employee’s request would fundamentally alter the nature of the job
19. Legitimate business reorganization that eliminates position
20. Consistent application of time and attendance policies that serve legitimate business needs
21. Employee abandons position or quits voluntarily
22. Insubordination or refusal to follow reasonable directives
23. Inability to meet bona fide occupational qualifications
24. Harassment or creating hostile environment for other employees
25. Position requires specific physical capabilities that are genuinely job-related
26. Extended leave beyond what is reasonable under FMLA/CFRA
27. Criminal conduct in the workplace

Remember that in these cases, the termination must be for reasons that would apply equally to employees without disabilities, and the disability itself cannot be a motivating factor in the decision.

California’s Legal Framework for Disability Protections

California offers some of the strongest workplace disability protections in the nation, primarily through the Fair Employment and Housing Act (FEHA). 

FEHA provides broader protections than the federal Americans with Disabilities Act (ADA), covering employers with 5+ employees (versus ADA’s 15+) and defining “disability” more inclusively.

Under FEHA, a disability includes physical and mental conditions that limit a major life activity, even if mitigated by medication or assistive devices. 

California’s definition encompasses conditions like cancer, HIV/AIDS, and even temporary conditions that federal law might not protect.

FEHA requires employers to engage in a good faith interactive process and provide reasonable accommodations unless they would impose undue hardship. 

The law also prohibits discrimination in hiring, promotion, training, and termination based on actual or perceived disability, as well as discrimination based on association with someone who has a disability.

Additionally, California employers cannot require medical examinations before offering employment and must maintain strict confidentiality of medical information. 

The state’s Civil Rights Department (formerly DFEH) enforces these protections, with violations potentially resulting in reinstatement, back pay, compensatory damages, and punitive damages.

The Reasonable Accommodation Process

Initiating the Interactive Process

The reasonable accommodation process in California is a collaborative dialogue between employer and employee designed to identify effective workplace adjustments. 

Under FEHA, employers must engage in a “timely, good faith, interactive process” when an employee requests accommodation or when the employer becomes aware of a potential need.

Required Steps in the Process

This process begins when either party initiates discussion about potential accommodations. The employer may request medical documentation to verify the disability and limitations, but must maintain strict confidentiality of all medical information. 

Both parties must communicate openly about essential job functions and possible modifications.

Types of Reasonable Accommodations

Common reasonable accommodations include modified work schedules, ergonomic equipment, policy modifications, reassignment to vacant positions, leaves of absence, and job restructuring. 

California law emphasizes individualized assessment—there’s no one-size-fits-all approach.

Undue Hardship Considerations

Employers must consider each accommodation request, but can reject options that would create “undue hardship” based on factors like cost relative to resources, impact on operations, and facility structure. 

However, California courts interpret “undue hardship” narrowly, requiring substantial evidence of business impact.

Employee Responsibilities

Employees maintain responsibilities during this process too, including: 

• providing necessary medical information, 
• cooperating with proposed solutions, and 
• communicating if accommodations prove ineffective

The process should be ongoing, with periodic reassessment as conditions or job requirements change.

Legal Implications

Significantly, an employer’s failure to engage in this interactive process properly is itself a violation of FEHA, separate from the failure to provide accommodations. Documentation of all discussions, proposals, and decisions is essential for both parties.

Steps to Take If You Suspect Disability Discrimination

Document Everything

Keep detailed records of all incidents that suggest discrimination, including dates, times, locations, statements made, witnesses present, and your responses. 

Save emails, texts, performance reviews, and medical documentation. Note any changes in treatment that occurred after disclosing your disability or requesting accommodations.

Review Company Policies

Consult your employee handbook and company policies regarding disability accommodations, discrimination complaints, and grievance procedures. 

Understanding these policies will help you follow proper internal channels and identify potential violations.

Report Internally First

File a formal complaint with your company’s HR department or designated person according to company policy. 

Submit your complaint in writing, keeping a copy for your records. This step is crucial as it gives your employer an opportunity to address the issue and creates an official record of your concerns.

Seek Medical Documentation

Obtain medical documentation that clearly establishes your disability and any limitations or necessary accommodations. 

This documentation strengthens your case by providing objective evidence of your condition and needs.

File with Government Agencies

If internal resolution fails, file a complaint with California’s Civil Rights Department (formerly DFEH) within three years of the discriminatory act. 

You may also file with the federal EEOC within 300 days, though California’s protections are typically stronger. These agencies will investigate your claim and potentially issue a “right to sue” letter.

Consult an Employment Attorney

Speak with an attorney specializing in employment discrimination law, preferably before filing government complaints. 

Many offer free initial consultations and may work on contingency. An attorney can evaluate the strength of your case, ensure you meet all deadlines, and guide you through complex legal procedures.

Preserve Your Right to Sue

Obtain a “right to sue” letter from the Civil Rights Department or EEOC before filing a lawsuit. In California, you have one year from receiving this letter to file a civil lawsuit against your employer.

Consider Mediation

Many discrimination cases are resolved through mediation, which can be less costly and time-consuming than litigation. 

Both the Civil Rights Department and EEOC offer mediation services, or your attorney may suggest private mediation.

Prepare for Potential Retaliation

Be aware that retaliation for filing discrimination complaints is illegal but unfortunately common. Continue documenting any actions that could be considered retaliatory, as this may strengthen your case or form the basis for additional claims.

Seek Support

Connect with disability advocacy organizations and support groups that can provide resources, referrals, and emotional support throughout this challenging process. 

Organizations like Disability Rights California can offer valuable guidance specific to your situation.

Potential Remedies and Compensation for Disability Discrimination

If you were wrongfully fired due to disability discrimination in California, you may be entitled to various legal remedies and financial compensation. Here are some potential outcomes if your claim is successful:

1. Reinstatement

In some cases, the court may order your employer to reinstate you to your previous position or a comparable role. This is more common when the employment relationship hasn’t been severely damaged.

2. Back Pay and Front Pay

Back Pay: Compensation for lost wages and benefits from the time of termination to the resolution of your case.

Front Pay: If reinstatement isn’t feasible, you may receive compensation for future lost earnings while you search for a new job.

3. Compensatory Damages

These damages cover emotional distress, pain and suffering, and any financial losses resulting from the wrongful termination, such as medical expenses or job search costs.

4. Punitive Damages

If your employer acted with malice or reckless disregard for your rights, you may be awarded punitive damages. These are meant to punish the employer and deter future discrimination.

5. Attorney’s Fees and Legal Costs

Many discrimination laws, including the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), allow victims to recover attorney’s fees and legal costs if they win their case.

6. Injunctive Relief

Beyond monetary compensation, a court may order your employer to make policy changes, provide anti-discrimination training, or implement new workplace accommodations to prevent future violations.

If you believe you were fired due to disability discrimination, consulting a qualified employment attorney can help you understand your options and seek the justice you deserve.

Have Questions About Your Potential Case?

If you think you were experiencing disability discrimination and wrongfully terminated, contact LawLinq for a free consultation. We work with some of the best disability discrimination attorneys in the state that want to help people like you pursue justice.