# Orange County Employment Disability Discrimination Lawyer > Americans with Disabilities Act (ADA) protects disabled employees who have mental or physical impairments that can be accommodated Source: https://worklawyeroc.com/orange-county-disability-discrimination-lawyer/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Orange County County, California. Phone: (714) 210-8000 (calling is the fastest way to reach the legal team) Office: 2522 Chambers Rd, #100, Tustin, CA 92780 Contact form: https://worklawyeroc.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- In dealing with whether an accommodation is reasonable, or if an employer is on sufficient notice of a disability versus a serious medical condition ([FMLA](https://worklawyeroc.com/leave-of-absence-attorney-orange-county/)) there is absolutely no substitute for a lawyer who has actually handled employment disability cases for decades, and actually tried the cases in court. This is one of the single biggest areas of employment law where conclusions, assumptions, and the level of information about the medical condition matters as well as the employee's probable return dates to work. Only an experienced employment disability discrimination lawyer knows what works and what does not in terms of settlement, the mind of a judge, arbitrator, and jury. Some situations simply don't fly. Still, there are significant consultations that need to occur about whether the best course of action is to sue for disability discrimination versus finding a more realistic job, or maximizing a work injury claim. Please **(714) 210-8000** to determine which legal option is right and realistic. Very few, if any other law firms, will have an attorney involved in the case screening process to determine if there really is a case of workplace disability discrimination, a failure to accommodate, and wrongful termination due to disability. The 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 ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Orange County County We have proudly served all of Orange County County since 1993. Ready to discuss your case? (714) 210-8000 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://worklawyeroc.com/age-discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://worklawyeroc.com/orange-county-unpaid-wages-attorney/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://worklawyeroc.com/sexual-harassment-attorney-orange-county/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://worklawyeroc.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://worklawyeroc.com/leave-of-absence-attorney-orange-county/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://worklawyeroc.com/orange-county-whistleblower-attorney/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://worklawyeroc.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (714) 210-8000 Now](tel:7142108000)