Disability Discrimination Under FEHA: Expanded Protections Beyond the ADA
Living with a disability, medical condition, or mental health limitation should not put your job at risk. Yet many California workers still face demotions, sudden “performance issues,” discipline, termination, or quiet exclusion after disclosing a condition or requesting help.
In California, the Fair Employment and Housing Act (FEHA) offers some of the strongest disability protections in the country—often broader than the federal Americans with Disabilities Act (ADA). FEHA not only prohibits disability-based discrimination, it also requires employers to provide reasonable accommodations and participate in a timely, good-faith interactive process to identify workable solutions. National security law firm
This guide explains how FEHA disability protections work, how they differ from the ADA, what qualifies as disability discrimination, and what California employees can do if their rights are violated.
FEHA vs. ADA: Why California Coverage Is Broader
FEHA covers more employers
FEHA generally applies to employers with 5 or more employees, making it broader than the ADA in many workplace settings. sfbar
FEHA uses a more employee-friendly disability definition
A key difference is the legal threshold. Under FEHA, a physical or mental condition qualifies as a disability if it “limits” a major life activity—meaning it makes achieving that activity difficult. Justia Law+2FindLaw Codes+2
By contrast, the ADA’s statutory definition refers to an impairment that “substantially limits” a major life activity. law.cornell.edu+1
FEHA looks at disability without “mitigating measures”
California law also provides that whether a condition limits a major life activity is determined without respect to mitigating measures (unless the mitigating measure itself limits a major life activity). Justia Law+1
“Working” is expressly a major life activity in California
FEHA defines “major life activities” broadly and explicitly includes working. FindLaw Codes+1
Bottom line: FEHA’s “limits” standard and broader framing often covers employees who may fall into gray areas under federal law.
What Is Disability Discrimination Under FEHA?
Disability discrimination generally occurs when an employer takes an adverse action because of an employee’s actual disability, perceived disability, or disability-related needs—such as accommodation requests or medical restrictions. FEHA’s core unlawful employment practices are in Gov. Code § 12940. Justia Law+1
Examples of disability discrimination can include:
- Termination soon after disclosing a diagnosis or restrictions
- Discipline for disability-related absences that should have been handled through accommodation/leave analysis
- Refusing to hire someone because they “seem like a liability”
- Cutting hours or removing duties rather than exploring accommodations
- Treating the employee differently than similarly situated coworkers after disclosure
Importantly, disability cases under FEHA often involve two related violations employers commit:
- Failure to provide reasonable accommodations, and/or
- Failure to engage in the interactive process.
The Duty to Provide Reasonable Accommodations Under FEHA
Under FEHA, employers must provide reasonable accommodations to known physical or mental disabilities of qualified employees—unless doing so would cause undue hardship. WorkRight Law+2
A “reasonable accommodation” is a change that helps remove workplace barriers so a person can perform the job (or enjoy equal workplace benefits). The California Civil Rights Department (CRD) explains that accommodations should be based on an individualized assessment of the job and the employee’s limitations.
Examples of common accommodations
Depending on the job and medical restrictions, accommodations may include:
- Modified schedule or adjusted start/end times
- Remote or hybrid work (when feasible)
- Ergonomic equipment or assistive technology
- Temporary restructuring of non-essential tasks
- Reassignment to a vacant position the employee is qualified for
- Additional breaks or modified workspace
The key is not whether an accommodation is “convenient.” The question is whether it’s effective and reasonable—and whether the employer can show undue hardship as a legitimate reason to deny it.
The Interactive Process: A Separate, Enforceable Duty
California law makes it unlawful for an employer to fail to engage in a timely, good-faith interactive process to determine effective accommodation options.
CRD explains that employers must initiate the interactive process when:
- An employee requests accommodations and
- When the employer becomes aware of a possible need for accommodation (including through observation or a third party). calcivilrights.ca.gov+1
California regulations describing the interactive process emphasize identifying: (1) the condition/limitations, and (2) why a reasonable accommodation is needed for equal opportunity or performance of job duties. law.cornell.edu
Why this matters: even if an employer claims “we couldn’t accommodate,” a case may still be strong if the employer never meaningfully engaged in the required back-and-forth to explore options. Justia+1
How to Tell If Your Employer Is Violating FEHA
These are common warning signs:
- HR “ghosts” your accommodation request or keeps delaying meetings
- You’re told: “We don’t do accommodations here,” or “That’s not company policy”
- Your employer demands unnecessary medical details instead of focusing on functional limitations
- You’re disciplined for symptoms or absences without discussing accommodations/leave
- You’re pushed out (demotion, sudden write-ups, termination) soon after disclosure
CRD’s employment and accommodation guidance highlights that disability rights are not optional and that employers must use the interactive process to remove barriers where feasible. calcivilrights.ca.gov+1
What California Employees Can Do If They’re Experiencing Disability Discrimination
Step 1: Document the timeline
Keep a private record of: dates, what was said/done, who was involved, witness names, and any related emails/messages.
Step 2: Make the accommodation request (in writing if possible)
You don’t need legal language. Clearly state:
- You have a medical condition/disability impacting work, and
- You need a workplace change to perform the job.
Step 3: Participate in the interactive process
Be prepared to discuss job functions and possible solutions. If the employer asks for documentation, provide what’s necessary to explain restrictions and accommodation needs.
Step 4: Watch for retaliation
FEHA also prohibits retaliation for asserting workplace rights. If negative treatment begins after requesting accommodations, document the change and timing. calcivilrights.ca.gov+1
Step 5: Consider filing with the California Civil Rights Department
FEHA claims are commonly filed through the California Civil Rights Department (CRD) process. CRD explains the FEHA enforcement role and complaint process generally, and (in employment cases) FEHA filings often involve obtaining a Right-to-Sue before proceeding in court.
FEHA disability protections are intentionally broad. California law recognizes that many people live and work successfully with health conditions—sometimes with small adjustments, sometimes with structured accommodations. When employers refuse to engage, deny accommodations without analysis, or punish someone for requesting help, FEHA may provide strong legal remedies. If you believe you’ve been discriminated against because of a disability, denied a reasonable accommodation, or punished for requesting support, taking action early can protect your job and your case. FEHA claims often depend on timing, documentation, and whether your employer truly engaged in a good-faith interactive process.
Smith & Reback Law helps California employees evaluate disability discrimination claims, prepare strong documentation, and pursue appropriate legal remedies under FEHA.
📧 Email: Intake1818@smithrebacklaw.com
📞 Phone: (213) 433-1818
📍 Address: 16255 Ventura Boulevard, Suite 600, Encino, California 91436
