California’s disability discrimination protections exceed federal law, covering more employers, recognizing more conditions, and requiring a more comprehensive interactive accommodation process for Los Angeles workers.

California vs. Federal Disability Protections
What Conditions Are Covered
Understanding Reasonable Accommodations
The Interactive Accommodation Process
Forms of Disability Discrimination
Medical Inquiries and Examinations
How to Prove Disability Discrimination
How Law Offices of Todd M. Friedman, P.C. Can Help

California vs. Federal Disability Protections

While the federal Americans with Disabilities Act (ADA) provides baseline protections, California’s Fair Employment and Housing Act (FEHA) offers significantly broader protections for workers with disabilities.

Key Differences Favoring California Law:

Employer Coverage:

Federal ADA: Covers employers with 15 or more employees
California FEHA: Covers employers with 5 or more employees

Definition of Disability:

Federal ADA: Requires substantial limitation of major life activity
California FEHA: Broader definition, includes conditions that “limit” (not just “substantially limit”) major life activities

Accommodation Requirements:

Federal ADA: Must provide reasonable accommodations unless undue hardship
California FEHA: More expansive accommodation requirements, stricter undue hardship standard

Medical Leave:

Federal: FMLA provides 12 weeks unpaid leave
California: FEHA may require leave beyond FMLA as reasonable accommodation

Damages:

Federal ADA: Limited damages, especially for smaller employers
California FEHA: Unlimited compensatory and punitive damages, attorney fees

Why California’s Broader Protections Matter:

California’s expanded protections mean that many Los Angeles workers who might not be covered under federal law still have strong disability rights. This includes employees of smaller companies and those with conditions that might not meet the federal “substantially limits” standard.

What Conditions Are Covered

California law covers a broad range of physical and mental health conditions. Understanding what qualifies as a disability is crucial for knowing your rights.

Physical Disabilities:

FEHA covers conditions that limit major life activities, including:

Mobility impairments (walking, standing, lifting)
Sensory impairments (vision, hearing)
Chronic illnesses (diabetes, heart disease, cancer)
Autoimmune conditions (multiple sclerosis, lupus, rheumatoid arthritis)
Neurological conditions (epilepsy, Parkinson’s disease)
Back and joint injuries
Respiratory conditions (asthma, COPD)

Mental Health Conditions:

California recognizes mental health conditions as disabilities, including:

Depression and anxiety disorders
Bipolar disorder
Post-traumatic stress disorder (PTSD)
Attention deficit hyperactivity disorder (ADHD)
Autism spectrum disorders
Obsessive-compulsive disorder (OCD)
Schizophrenia and other psychotic disorders

Medical Conditions:

California also protects workers with “medical conditions,” including:

Cancer or a history of cancer
Genetic characteristics predisposing to disease
Conditions requiring medical treatment

Important Considerations:

Record of Disability: Protection extends to those with a history of disability, even if currently not impaired.

Regarded as Disabled: Protection covers those perceived as having a disability, even if they don’t actually have one.

Temporary Conditions: Some temporary conditions may qualify if they limit major life activities for an extended period.

Episodic Conditions: Conditions that are in remission or occur in episodes (like epilepsy or bipolar disorder) are still covered.

Conditions NOT Covered:

California law excludes certain conditions:

Current illegal drug use (though recovering addicts are protected)
Sexual behavior disorders
Compulsive gambling, kleptomania, pyromania
Conditions caused solely by current illegal drug use

Understanding Reasonable Accommodations

Reasonable accommodations are modifications or adjustments that enable employees with disabilities to perform their job duties or enjoy equal employment opportunities.

Types of Reasonable Accommodations:

Job Restructuring:

Reallocating non-essential job functions
Modifying work schedules or allowing part-time work
Allowing telecommuting or remote work
Job sharing arrangements

Workplace Modifications:

Making facilities physically accessible
Adjusting desk height or workspace layout
Providing accessible parking spaces
Installing ramps, grab bars, or other accessibility features

Equipment and Technology:

Providing specialized software or hardware
Offering ergonomic equipment (chairs, keyboards, mice)
Supplying assistive technology (screen readers, voice recognition)
Modifying existing equipment

Leave and Schedule Changes:

Providing unpaid leave beyond FMLA entitlement
Allowing flexible start/end times
Permitting time off for medical appointments
Offering compressed work weeks

Policy Modifications:

Modifying attendance policies
Allowing service animals in the workplace
Adjusting break schedules
Modifying dress codes for medical devices

Communication Accommodations:

Providing interpreters for meetings
Converting written materials to alternative formats
Using visual aids or written instructions
Allowing written communication instead of verbal

What Makes an Accommodation “Reasonable”:

Effectiveness: Must enable the employee to perform essential job functions.

Cost Considerations: Generally must be cost-effective relative to employer’s resources.

Workplace Impact: Should not fundamentally alter the nature of the business or create undue hardship.

Safety Concerns: Must not create direct threats to health or safety that cannot be eliminated.

The Interactive Accommodation Process

California law requires employers and employees to engage in a good faith “interactive process” to identify reasonable accommodations. This process is often where disability discrimination occurs.

How the Interactive Process Should Work:

Step 1: Notice of Need for Accommodation

Employee requests accommodation (verbal request sufficient)
Employer becomes aware of potential need for accommodation
No magic words required—any indication of need triggers process

Step 2: Employer Initiates Interactive Process

Employer should promptly engage in dialogue
Request medical information if necessary
Identify essential job functions
Explore accommodation options

Step 3: Exchange of Information

Employee provides medical documentation if requested
Employer shares job requirements and potential accommodations
Both parties discuss feasible options

Step 4: Implementation or Explanation

Implement agreed-upon accommodation
If no accommodation possible, employer must explain why
Document the process and decisions made

Common Interactive Process Failures:

Employer Failures:

Refusing to engage in the process
Delaying unreasonably long
Requesting excessive medical information
Failing to explore accommodation options
Terminating employee instead of accommodating
Acting in bad faith during discussions

Employee Obligations:

Participate in good faith
Provide requested medical information
Suggest potential accommodations
Be open to alternative solutions

Legal Consequences of Process Failures:

When employers fail to engage in the interactive process properly, they can be liable even if no reasonable accommodation was ultimately possible. This creates strong incentives for employers to participate meaningfully in the process.

Forms of Disability Discrimination

Disability discrimination can take many forms beyond simple failure to accommodate. Los Angeles workers should recognize these various forms of prohibited conduct.

Hiring Discrimination:

Refusing to hire qualified applicants because of disability
Asking illegal medical questions during interviews
Requiring medical exams before job offers
Making assumptions about ability to perform job
Withdrawing job offers after learning of disability

Terms and Conditions Discrimination:

Paying lower wages to employees with disabilities
Denying promotions based on disability
Segregating employees with disabilities
Providing inferior benefits or assignments
Creating hostile work environments

Harassment Based on Disability:

Offensive comments about disability or medical condition
Jokes or slurs related to disability
Unwanted questions about medical conditions
Deliberate exclusion from workplace activities
Physical interference with assistive devices

Failure to Accommodate:

Refusing to provide reasonable accommodations
Providing inadequate accommodations
Failing to engage in interactive process
Terminating instead of accommodating
Requiring employee to pay for accommodations

Retaliation:

Adverse action for requesting accommodations
Punishment for filing disability discrimination complaints
Retaliation for participating in investigations
Creating hostile environment after complaint

Medical Inquiries and Examinations

California law strictly limits when employers can ask about medical conditions or require medical examinations.

Pre-Employment Stage:

Prohibited:

Questions about disability or medical conditions
Questions about past workers’ compensation claims
Medical examinations
Questions about prescription medications

Permitted:

Questions about ability to perform essential job functions
Requests for demonstrations of job-related tasks
Questions about attendance (but not reasons for past absences)

After Conditional Job Offer:

Permitted (with restrictions):

Medical examinations if required for all similarly situated employees
Medical inquiries related to essential job functions
Workers’ compensation history inquiries

Requirements:

Must be job-related and consistent with business necessity
Medical information must be kept confidential
Cannot withdraw offer based on disability unless employee cannot perform essential functions with accommodation

During Employment:

Limited Inquiries Permitted:

When employee requests accommodation
When employee’s medical condition affects job performance
For medical leave certification
For periodic medical exams if job-related

Confidentiality Requirements:

Medical records must be kept separate from personnel files
Access limited to those with legitimate need to know
Cannot disclose medical information to other employees
Supervisors only told about necessary accommodations, not medical details

How to Prove Disability Discrimination

Proving disability discrimination requires demonstrating that your disability was a motivating factor in the employer’s adverse action.

Elements of Disability Discrimination Claims:

Prima Facie Case:

You have a disability covered by law
You are qualified to perform essential job functions (with or without accommodation)
You suffered adverse employment action
Your disability was a motivating factor in the adverse action

Types of Evidence:

Direct Evidence:

Discriminatory statements by supervisors
Written communications showing bias
Policies that discriminate on their face
Admissions of discriminatory intent

Circumstantial Evidence:

Timing of adverse action relative to disclosure of disability
Differential treatment compared to non-disabled employees
Changes in attitude after learning of disability
Pretextual reasons for employment decisions
Failure to engage in interactive process
Pattern of discrimination against disabled employees

Documenting Your Case:

Medical Documentation:

Medical records establishing your disability
Doctor’s notes about limitations and restrictions
Treatment records and medication lists
Medical opinions about ability to work

Workplace Documentation:

Accommodation requests and employer responses
Performance evaluations before and after disclosure
Emails and communications about your disability
Witness statements about discriminatory treatment
Company policies and procedures

Interactive Process Documentation:

Records of accommodation discussions
Medical information provided to employer
Employer’s stated reasons for denying accommodations
Evidence of bad faith in the process

How Law Offices of Todd M. Friedman, P.C. Can Help

At Law Offices of Todd M. Friedman, P.C., we understand that disability discrimination not only violates the law but also denies people with disabilities the opportunity to contribute their talents and skills in the workplace. California’s strong disability rights laws provide powerful tools to fight discrimination, and we’re committed to using those tools to protect our clients’ rights.

Our Disability Rights Practice:

Comprehensive Legal Analysis: We thoroughly evaluate your situation under both federal ADA and California FEHA to identify all potential claims and ensure maximum protection.

Accommodation Advocacy: We work with employers to secure reasonable accommodations and hold them accountable when they fail to engage in the interactive process properly.

Medical Coordination: We work with your healthcare providers to develop the medical documentation needed to support your accommodation requests and discrimination claims.

Interactive Process Guidance: We guide you through the accommodation process to ensure your rights are protected and help you document any failures by your employer.

Litigation Excellence: When accommodation fails or discrimination occurs, we aggressively litigate disability rights cases in state and federal court.

Damages Recovery: We pursue comprehensive damages including lost wages, emotional distress, punitive damages, and attorney fees under California’s fee-shifting statutes.

Systemic Change: We seek not just individual remedies but also policy changes that protect all employees with disabilities.

Types of Disability Cases We Handle:

Failure to provide reasonable accommodations
Failure to engage in good faith interactive process
Discriminatory hiring, promotion, or termination
Disability harassment and hostile work environment
Retaliation for requesting accommodations
Medical leave discrimination
Illegal medical inquiries and examinations
Workers’ compensation retaliation

Common Situations We Address:

Employees terminated for requesting medical leave
Workers denied accommodations for mental health conditions
Employees forced out rather than accommodated
Workers facing harassment due to visible disabilities
Employees retaliated against for filing workers’ compensation claims
Job applicants discriminated against during hiring process

What Makes Our Approach Effective:

Early Intervention: We often intervene before discrimination escalates, working to secure accommodations and prevent wrongful termination.

Medical Understanding: We understand various disabilities and how they impact work, enabling us to advocate effectively for appropriate accommodations.

Creative Problem-Solving: We help identify accommodation solutions that work for both employees and employers.

Strong Advocacy: When employers refuse to comply with disability laws, we pursue aggressive litigation to hold them accountable.

No Recovery, No Fee: We handle disability discrimination cases on a contingency basis—you pay no attorney fees unless we recover compensation for you.

California’s disability rights laws are among the strongest in the nation, providing broad protections and meaningful remedies for discrimination. However, these rights are only as strong as your willingness to enforce them. Too often, employees with disabilities suffer in silence, believing they have no recourse or that asserting their rights will only make things worse.

We believe everyone deserves the opportunity to work with dignity and respect, regardless of disability. If you’re experiencing disability discrimination in Los Angeles or Southern California—whether it’s failure to accommodate, harassment, or retaliation—don’t wait to take action.

Contact Law Offices of Todd M. Friedman, P.C. today for a free consultation. We’ll review your situation, explain your rights under California’s powerful disability discrimination laws, and help you develop a strategy to protect your job and hold your employer accountable.

Your disability doesn’t define your worth or limit your potential. Contact us today to ensure your workplace rights are fully protected.