Medical Condition & Disability Discrimination

Employment Law

Your Right to Work Without Discrimination Based on Health

Whether you live with asthma, cancer, diabetes, chronic pain, a hearing impairment, an amputation, or any other physical or mental health condition, California law provides robust protections against workplace discrimination. Your employer is not only prohibited from treating you differently because of your medical condition—they are affirmatively required to engage in an interactive process and provide reasonable accommodations that allow you to perform your job.

At The Law Offices of Farris Ain, we represent employees throughout Southern California who have been fired, demoted, harassed, or denied accommodations because of a medical condition or disability. We understand how frightening it is to face both a health challenge and the loss of your livelihood, and we fight aggressively to protect your rights.

California FEHA: Comprehensive Medical Condition Protections

The California Fair Employment and Housing Act (FEHA), Government Code § 12940, provides some of the broadest protections in the nation for employees with medical conditions and disabilities. Under FEHA, it is illegal for an employer with five or more employees to discriminate against an employee or applicant based on:

• Physical disability: Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that limits a major life activity (Gov. Code § 12926(m))
• Mental disability: Any mental or psychological disorder, such as clinical depression, bipolar disorder, PTSD, or anxiety disorders (Gov. Code § 12926(j))
• Medical condition: Specifically defined under FEHA as any health impairment related to or associated with a diagnosis of cancer, or genetic characteristics (Gov. Code § 12926(i))

Importantly, California’s definition of “disability” is significantly broader than the federal standard under the Americans with Disabilities Act (ADA). Under FEHA, a condition need only “limit” a major life activity, whereas the ADA requires it to “substantially limit” such an activity. This means many conditions that might not qualify for ADA protection are still covered under California law.

Common Medical Conditions We Handle

We have represented employees with a wide range of medical conditions and disabilities, including:

• Cancer — discrimination during treatment, failure to accommodate treatment schedules, termination during remission or recovery
• Chronic pain conditions — fibromyalgia, back injuries, arthritis, migraines, and conditions requiring ongoing pain management
• Respiratory conditions — asthma, COPD, and allergies requiring workplace modifications
• Hearing and speech impairments — failure to provide communication aids, reassignment, or termination
• Mobility impairments and amputations — refusal to make physical workspace modifications or allow assistive devices
• Mental health conditions — depression, anxiety, PTSD, bipolar disorder, and the stigma employees face when disclosing these conditions
• Diabetes and heart conditions — denial of break time for medication, monitoring, or treatment
• Autoimmune disorders — lupus, multiple sclerosis, Crohn’s disease, and conditions with unpredictable flare-ups
• Recovery from surgery or injury — failure to honor return-to-work restrictions or light-duty requests

The Interactive Process: Your Employer’s Legal Obligation

One of the most powerful protections under California law is the employer’s obligation to engage in a timely, good-faith interactive process with any employee who has a known disability or medical condition (Gov. Code § 12940(n)). This is not optional. When you notify your employer that you need an accommodation—or when they become aware of your condition—they must:

1. Initiate or respond to a conversation about your needs and limitations
2. Explore possible accommodations in good faith
3. Consider your preferences and the essential functions of your job
4. Implement a reasonable accommodation unless it would cause genuine undue hardship

An employer who simply ignores an accommodation request, denies it without discussion, or fires an employee rather than engaging in the interactive process violates FEHA—even if the employee could not ultimately have been accommodated.

What Counts as a Reasonable Accommodation?

Reasonable accommodations vary depending on the employee’s condition, job duties, and workplace. Common accommodations include:

• Modified work schedules or flexible hours for medical appointments
• Permission to work from home or telework
• Ergonomic equipment, standing desks, or other physical workspace modifications
• Reassignment to a vacant position the employee can perform
• Additional break time for medication, rest, or medical device management
• Leave of absence beyond what FMLA or CFRA provides
• Modification of non-essential job duties
• Provision of assistive technology or communication aids

An employer can only refuse an accommodation if it would impose a genuine undue hardship—meaning significant difficulty or expense relative to the employer’s size, financial resources, and business operations. Simply claiming inconvenience is not enough.

Prohibited Employer Conduct

Under FEHA and the ADA, employers are prohibited from:

• Refusing to hire, promote, or retain an employee because of a medical condition or disability
• Terminating an employee for taking medical leave or requesting accommodations
• Retaliating against an employee who files a disability discrimination complaint
• Harassing an employee because of their condition (creating a hostile work environment)
• Failing to engage in the interactive process
• Requiring unnecessary medical examinations not related to job performance
• Disclosing an employee’s confidential medical information

Damages You May Recover

If your employer has discriminated against you based on a medical condition or disability, you may be entitled to:

• Back pay and lost benefits from the date of the discriminatory action
• Front pay for future lost earnings
• Compensatory damages for emotional distress, pain, and suffering
• Punitive damages if the employer acted with malice or reckless indifference
• Reasonable attorney’s fees and litigation costs
• Reinstatement to your former position
• Injunctive relief requiring the employer to change its policies and practices

Filing Deadlines

To pursue a medical condition or disability discrimination claim in California, you generally must file a complaint with the Civil Rights Department (CRD) within three years of the discriminatory act. For federal claims under the ADA, you must file with the EEOC within 300 days. These deadlines are strictly enforced, so do not delay in seeking legal advice.

“Your medical condition is between you and your doctor. When your employer makes it a reason to punish, demote, or fire you, that is illegal—and we will make them answer for it.”