Retain a Disability Discrimination Attorney in Orange County

Employment Lawyers Group has extensive experience and skill in handling discrimination cases. Whether you need counsel regarding your situation or you need an aggressive litigator to fight for your rights in court, we could help. For three years straight, Attorney Karl Gerber has been selected for inclusion in California Super Lawyers® for his excellent and ethical legal service in the area of employment law. If you are in need of an Orange County disability discrimination lawyer, don’t hesitate to call our firm. We could review your case for free and guide you through each step of your legal process. (714) 210-8000

Laws Regarding Disability Discrimination

California law has a broad definition of workplace disability discrimination. It is illegal to discriminate against employees with actual, or perceived disabilties, histories of treatment for physical and mental conditions, and permanent physical, internal, external, and mental conditions. The Americans with Disabilities Act (ADA) defines a person with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” There is no definite list of all disabilities, which makes it easy for people to discriminate against those with a physical or mental limitation. However, the ADA and California labor laws (FEHA) make it clear that it is illegal to treat someone unequally due to their disability. 

California’s Fair Employment and Housing Act (FEHA) defines disability far more broadly than the ADA. A condition does not need to substantially limit a major life activity. It only needs to limit an activity, meaning it makes the activity difficult. Temporary conditions, episodic conditions, and conditions in remission can all qualify. The focus is functional limitation, not diagnosis.

Both actual and perceived disabilities are protected. An employer violates the law even if the employee does not have a disability, so long as the employer treats the employee as if they do. Medical history and prior treatment are also protected.

The central legal duties imposed on employers are to :

Not to discriminate or retaliate based on disability;

To engage in a timely, good-faith interactive process once the employer has notice of a need for accommodation;

To provide a reasonable accommodation, unless doing so would create an undue hardship.

Failure to engage in the interactive process is its own independent violation, even if no reasonable accommodation ultimately exists. This is a key point under California law and is often more important than whether the accommodation itself was feasible.

Employers are considered on notice not only when an employee makes a formal request, but when the employer knows or should know of a medical condition that may require accommodation. Magic words are not required. Vague statements, doctor’s notes, or observable limitations can be sufficient to trigger legal duties.

Adverse actions—discipline, demotion, termination, reduction of hours—taken while an employee is disabled, requesting accommodation, or returning from medical leave are heavily scrutinized. Timing, shifting explanations, and inconsistent enforcement of policies often determine liability more than written policies.

California law also recognizes overlapping protections: disability discrimination claims frequently coexist with failure to accommodate, failure to engage in the interactive process, CFRA/FMLA interference, retaliation, and wrongful termination in violation of public policy.

Calif. Civ. Code § 54-55.3, not about employemnt law, outlaws discrimination due to impairment or disability, as does the Fair Employment and Housing Act, found in Calif. Gov. Code § 12940-12951. There is a definite public policy against disability discrimination. Discrimination can come in many forms, including verbal harassment, intimidation, unequal treatment or wrongful termination. Anyone who experiences discrimination in this way should not be afraid to “blow the whistle” by reporting the act to their employer. It may still be necessary to hire an Orange County employment attorney, however, if mediation or litigation becomes necessary. (714) 210-8000