ADA & Disability Discrimination Employment Attorneys in Los Angeles & Beverly Hills, CA
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.
California law prohibits employers from firing, demoting, refusing to hire, or otherwise discriminating against an employee in the terms and conditions of employment because of a physical or mental disability. Most employers must also provide reasonable accommodations and engage in a timely, good-faith interactive process with an employee who needs one. If your employer fired you after you disclosed a medical condition, ignored a request for an accommodation, or pushed you out after a medical leave, you may have a claim under the California Fair Employment and Housing Act (FEHA), the federal Americans with Disabilities Act (ADA), or both.
Rise Law Firm represents employees in disability discrimination, failure-to-accommodate and related retaliation cases throughout Los Angeles and California. We represent employees only.
Note: we handle disability discrimination in employment. We do not handle public accommodation cases, such as claims about website or building access under Title III of the ADA.
Who is protected?
FEHA applies to California employers with five or more employees (Gov. Code § 12926(d)). The ADA applies to employers with 15 or more employees. Because FEHA reaches smaller employers and defines disability more broadly, most California disability cases are brought under FEHA.
Under FEHA, a physical or mental condition is a disability if it limits a major life activity, such as walking, sleeping, concentrating, lifting or working. The condition does not have to substantially limit the activity, which is the stricter federal standard (Gov. Code § 12926.1(c)). FEHA also protects employees who:
- Have a history or record of a disability
- Are regarded or treated by the employer as having a disability, even if they do not
- Have a covered “medical condition,” including cancer and genetic characteristics
- Are associated with someone who has a disability, such as a family member they care for
Common examples include back and joint injuries, cancer, diabetes, heart conditions, depression, anxiety, PTSD, ADHD, and complications from surgery or a work injury. The question is how the condition affects you, not its name.
The employee must be able to perform the essential functions of the job, with or without a reasonable accommodation. An employer cannot fire someone on the assumption that a disability prevents them from doing the work without first exploring whether an accommodation would allow them to do it.
Reasonable accommodation and the interactive process
California law creates two separate duties. An employer must provide a reasonable accommodation for a known disability unless doing so would cause undue hardship (Gov. Code § 12940(m)). It must also engage in a timely, good-faith interactive process with the employee to identify an effective accommodation (Gov. Code § 12940(n)). Failing to do either is a violation on its own, even if the employee is never fired.
The process usually starts when the employee or a doctor tells the employer about a limitation. The employee does not need to use the word “accommodation” or cite the law. Once the employer knows an accommodation may be needed, it should discuss options, consider medical information, and respond in a reasonable time.
Common accommodations include:
- A modified schedule, part-time work, or time off for treatment
- A leave of absence, sometimes beyond the 12 weeks available under the California Family Rights Act (CFRA) or the federal FMLA
- Light duty, changed job duties, or reassignment to an open position the employee can perform
- Equipment or workspace changes, or remote work where the job allows it
Employers are also limited in what they can ask. An employer generally may not require a medical exam or ask about a disability unless the question is job-related and consistent with business necessity (Gov. Code § 12940(f)). It may ask for reasonable medical documentation of your work restrictions and the need for an accommodation, but it is not entitled to your diagnosis or to medical records unrelated to the accommodation.
FEHA also prohibits retaliating against an employee for requesting an accommodation, whether or not the request is granted (Gov. Code § 12940(m)(2)).
Common disability discrimination situations
These are the situations we see most often:
- Fired after disclosing a condition or asking for an accommodation. A termination shortly after an employee discloses a diagnosis, submits a doctor’s note, or asks for a change is the most common fact pattern, and the timing is often strong evidence.
- Fired during or after medical leave. An employer that ends employment while an employee is on leave, or refuses to return the employee to work, may violate FEHA as well as CFRA. Our Q&A on being fired during medical leave explains those rules.
- Leave or accommodation requests ignored or denied without discussion. Silence, delay, or a flat “no” without exploring options can violate the duty to engage in the interactive process.
- “Full duty” or “100% healed” policies. Requiring an employee to return with no restrictions, rather than considering accommodations, is generally unlawful.
- Work injuries. An employee injured on the job may have a disability claim under FEHA in addition to a workers’ compensation claim. The workers’ compensation system does not cover emotional distress or punitive damages, but a FEHA claim can.
- Demotion, reduced hours, or a sudden negative review after a disability becomes known.
Employers often point to performance, attendance, or a restructuring. As in other discrimination cases, the evidence that matters most is timing, a change in treatment, comments about the condition or the leave, and inconsistent explanations.
Deadlines (statutes of limitations) and compensation
The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.
| Claim | Deadline |
|---|---|
| FEHA disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation | File a complaint with the California Civil Rights Department within 3 years; then file suit within 1 year of the right-to-sue notice |
| Federal ADA | File with the EEOC within 300 days (the deadline for California employees) |
| Wrongful termination in violation of public policy | 2 years |
| Public employers | Non-FEHA claims generally require a government claim within 6 months |
Depending on the facts, compensation can include lost wages and benefits, future lost earnings, and emotional distress damages. Punitive damages may be available where the employer acted with malice, oppression, or fraud, although public entities are not liable for punitive damages (Gov. Code § 818). FEHA allows a prevailing employee to recover attorney’s fees, and reinstatement may be possible in some cases.
Frequently asked questions
Do I have to tell my employer my diagnosis to get an accommodation?
No. You need to tell your employer about the limitation and the need for an accommodation, not your diagnosis. Your employer may ask for reasonable medical documentation of your work restrictions, but it is not entitled to your diagnosis or to medical records unrelated to the accommodation.
Can my employer fire me for missing work because of a medical condition?
Not if the absences were a reasonable accommodation, protected CFRA or FMLA leave, or paid sick leave, or if the employer refused to discuss leave or other options before acting. California law prohibits employers from firing or disciplining employees for using their paid sick days (Lab. Code § 246.5(c)). An employer may still act for reasons unrelated to the disability, so the facts matter.
My employer has fewer than 15 employees. Am I still protected?
Yes, if it has five or more. FEHA applies to employers with five or more employees, even though the federal ADA requires 15.
Is anxiety or depression a disability?
It can be. Mental health conditions are covered under FEHA when they limit a major life activity, such as concentrating, sleeping, or working.
What if I was hurt at work?
You may have both a workers’ compensation claim and a FEHA claim. Workers’ compensation covers medical care and certain lost wages, but a FEHA claim can also recover emotional distress damages and, in some cases, punitive damages.
If you live or work in Long Beach, see our Long Beach disability discrimination page. For more on what an employer may ask for when you request an accommodation, read our article on whether an employer can ask for proof of a disability. For an overview of the cases we handle, see our Los Angeles employment lawyer page.
Talk to a Los Angeles disability discrimination lawyer
Rise Law Firm represents employees throughout California in disability discrimination, failure-to-accommodate, medical leave, and wrongful termination cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.
If you were treated unfairly because of a disability or denied an accommodation, contact us to request a free, confidential consultation, or call (310) 728-6588. You can learn more on our medical leave, retaliation, and wrongful termination pages.
This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.