Practice Area

Disability & Medical Leave Rights

Discrimination based on disabilities, medical conditions, or mental health — including failure to accommodate and retaliation for taking leave.

Overview

California provides broad protections for employees with disabilities, medical conditions, mental health conditions, perceived disabilities, and protected medical leave needs. Employers may not discriminate against employees because of physical disabilities, medical diagnoses, work restrictions, mental health conditions, perceived disabilities, or the need for accommodations or leave. We represent employees who were denied accommodations, terminated during or after medical leave, pressured to return to work prematurely, or retaliated against for exercising protected rights.

Section 01

Disability Protections Are Broader Than You Think

California's protections apply to physical conditions, mental health conditions, chronic illnesses, temporary impairments, pregnancy-related medical conditions, injuries, and other conditions affecting an employee's ability to perform job duties. Importantly, California law also protects employees who are perceived as having a disability or medical condition, even if the employee does not actually have a qualifying disability. Employers may not make employment decisions based on assumptions, stereotypes, fear, or perceptions regarding physical or mental health.

Section 02

The Right to Reasonable Accommodations

Employers are generally required to provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship. Accommodations may include modified work schedules, additional breaks, leave of absence, remote or hybrid work, modified job duties, ergonomic equipment, work restrictions, reassignment of non-essential tasks, or other workplace modifications. Accommodation obligations are not limited to permanent disabilities — they extend to temporary medical conditions, injuries, surgeries, mental health conditions, and pregnancy-related conditions.

Section 03

The Interactive Process

California employers are required to engage in a timely, good-faith interactive process with employees requesting accommodations. This requires open communication regarding the employee's limitations, possible accommodations, and available options. Common violations include ignoring accommodation requests, delaying responses, failing to communicate, rejecting accommodations without discussion, refusing to explore alternatives, or terminating employees instead of engaging in the required process. An employer's failure to engage in the interactive process may itself violate California law.

Section 04

Mental Health & Invisible Disabilities

Disability protections are not limited to visible physical impairments. California law also protects employees with mental health conditions and invisible disabilities — including anxiety, depression, PTSD, chronic illnesses, and other conditions that may not be immediately apparent. Employers are generally required to evaluate accommodation requests based on the employee's actual limitations and medical needs rather than assumptions, stereotypes, or stigma.

Signs you may have a claim

What this looks like in real workplaces.

Denied medical leave for a serious health condition
Fired or demoted while on protected leave
Not reinstated to your position when leave ended
Accommodations denied without meaningful discussion
Employer refused to engage in the interactive process
Pressured to return to work before medical clearance
Adverse treatment after disclosing a medical condition
Comments about your need for leave or accommodations

Applicable Law

The statutes we use to fight back.

FEHA — Disability Provisions

California's primary disability statute. Broader than the federal ADA in both protected conditions and remedies. Covers employers with 5+ employees.

California Family Rights Act (CFRA)

Up to 12 weeks of job-protected leave for family and medical reasons. Covers employers with 5+ employees.

Americans with Disabilities Act (ADA) / FMLA

Federal counterparts. Often apply concurrently with state law; we typically pursue under both.

What you may recover

Damages we pursue.

Lost wages and benefits
Front pay or reinstatement
Emotional distress damages
Punitive damages where warranted
Attorney's fees and costs

Frequently Asked

Questions about disability & medical leave rights.

Does my employer have to give me leave for a medical condition?

It depends on the law that applies. CFRA, FMLA, pregnancy disability leave, and disability accommodation rights may all provide protected leave in different circumstances. Leave itself may also qualify as a reasonable accommodation.

What if my disability is invisible — like anxiety or depression?

Mental health conditions and other invisible disabilities are protected. Employers cannot discriminate based on stereotypes, stigma, or assumptions about mental health.

What is the interactive process?

It's a required, good-faith dialogue between you and your employer about your limitations and possible accommodations. Skipping this process or going through the motions can itself be a legal violation.

Free consultation

Talk to us about your situation.

Every case is different. The only way to know what yours is worth is to talk to a lawyer who handles these matters every day.

Free consultation
No-obligation, no pressure conversation
No fee unless we win
Contingency fee — you pay nothing up front
Discreet & private
We treat every consultation with care and discretion