Many California employers are unaware they may already be violating California disability discrimination laws. Under the Fair Employment and Housing Act (FEHA) and other workplace protections, it is illegal for employers, businesses, or housing providers to treat individuals unfairly because of a physical disability, mental disability, or medical condition. Employers must provide reasonable accommodations unless it causes an undue hardship.
According to Paul P. Cheng, Esq., former prosecutor and a leading Southern California employment law trial attorney, small business owners already face high operating costs, complex regulations, and fierce competition. A disability discrimination lawsuit—especially one caused by a misunderstanding of the law—can be financially devastating.
The most common misconception? Only “obvious” disabilities are protected. In reality, California law covers a wide range of invisible disabilities such as anxiety disorders, PTSD, and chronic pain.
What Qualifies as a Disability Under California Employment Law?
1. Physical Disabilities
- Chronic illnesses: Diabetes, epilepsy, HIV/AIDS, cancer (even in remission)
- Neurological conditions: Multiple sclerosis, Parkinson’s disease, cerebral palsy
- Sensory impairments: Blindness, deafness, significant vision or hearing loss
- Mobility limitations: Paralysis, amputations, chronic back pain
- Respiratory/cardiac conditions: Severe asthma, heart disease
2. Mental & Psychological Disabilities
- Mental health conditions: Depression, anxiety, PTSD, bipolar disorder
- Neurodevelopmental disorders: Autism spectrum disorder, ADHD, dementia
- Learning disabilities: Dyslexia, dyscalculia
- Substance use disorders (in recovery)
3. Temporary & Non-Traditional Disabilities
- Short-term but severe injuries (e.g., surgery recovery, broken bones)
- “Regarded as” disabled (when an employer mistakenly believes an employee is impaired)
- Genetic risk factors (e.g., BRCA gene carriers)
Paul P. Cheng explains: “If a condition substantially limits a major life activity—such as walking, learning, or working—it may be a disability under FEHA, even if it is temporary or intermittent.”
California’s Dual Legal Protections for Disabled Employees
- Americans with Disabilities Act (ADA) – Federal law prohibiting disability discrimination and requiring reasonable accommodation in employment, public services, and public accommodations.
- FEHA – California’s broader state law, applying to businesses with five or more employees and offering wider protections.
Both laws require the interactive process—a good-faith dialogue between employer and employee to determine reasonable accommodations—and prohibit retaliation.
Real Case Example: Red Roof Inns
In a recent case, the EEOC alleged that Red Roof Inns denied a promotion to an employee with a vision impairment, stating they would not provide accommodations. This shows how assumptions about a disability can lead to direct violations of employment law.
Employer Mistakes That Lead to Disability Discrimination Claims
- Ignoring mental health conditions like depression or anxiety
- Overlooking temporary but severe impairments
- Failing to accommodate hidden disabilities such as autoimmune diseases or diabetes
Prohibited Actions Include:
🚫 Asking disability-related questions during hiring
🚫 Requiring irrelevant medical exams
🚫 Retaliating against accommodation requests
🚫 Assuming inability to work without an individualized assessment
How Employers Can Stay Compliant
- Avoid assumptions – Never judge ability based solely on appearance or a temporary condition.
- Take all requests seriously – Even if the condition seems minor, it may legally require accommodation.
- Train managers – Ensure supervisors understand California’s broad definition of disability.
Paul P. Cheng warns: “Many lawsuits come from ignorance, not intent. One careless refusal can lead to six-figure settlements. Compliance training is one of the most cost-effective risk prevention strategies.”
Protecting Your Rights
California’s disability discrimination protections cover more than traditional disabilities—they extend to chronic illnesses, mental health conditions, and temporary impairments. Employers who understand these rules can avoid costly lawsuits, and employees who know their rights can take action when treated unfairly.
If you need guidance on California disability discrimination law compliance or legal representation in an employment matter, contact the Law Offices of Paul P. Cheng at 626.356.8880 or email info@pprclaw.com for a confidential consultation.