Disability Discrimination Lawyer Los Angeles | ADA & FEHA Claims

If you need a disability discrimination lawyer in Los Angeles, Mesriani Law Group is here to help. Disability discrimination in the workplace is one of the most common and complex forms of employment discrimination in California. Employers have legal obligations not only to avoid discriminating against disabled workers, but to proactively engage with them to find reasonable accommodations that allow them to perform their jobs.

When employers fail to meet these obligations — by refusing to accommodate, ignoring accommodation requests, or terminating employees rather than engaging in the required interactive process — they violate California and federal law. At Mesriani Law Group, our Los Angeles disability discrimination attorneys have over 30 years of experience representing workers whose disability rights have been violated — as part of our broader employment discrimination practice.

California and Federal Disability Discrimination Laws

Workers in Los Angeles are protected by both California’s FEHA and the federal ADA. California’s protections are significantly broader:

California Fair Employment and Housing Act (FEHA)

FEHA is California’s primary disability discrimination law and provides substantially stronger protections than the ADA:

• Covers employers with 5 or more employees (the ADA requires 15 or more)
• Defines “disability” more broadly: Under FEHA, a disability is any physical or mental condition that limits a major life activity. California intentionally eliminated the ADA’s requirement that the limitation be “substantial” — making it far easier for workers to qualify as disabled under state law.
• Imposes an independent obligation to engage in the interactive process: FEHA Government Code § 12940(n) creates a separate cause of action specifically for failure to engage in the interactive process, even if the underlying accommodation would have been granted
• Provides punitive damages: Unlike the ADA, FEHA allows punitive damages for malicious or oppressive conduct
• Three-year statute of limitations: Extended from one year by SB 807 (effective January 1, 2022)

Americans with Disabilities Act (ADA)

The ADA is the primary federal disability discrimination law:

• Covers employers with 15 or more employees (and all government employers regardless of size)
• Protects qualified individuals with a disability: A physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment
• Requires reasonable accommodation: Unless doing so would impose an undue hardship
• Requires the interactive process: Employers must engage in a good-faith interactive process when an employee requests accommodation
• EEOC enforcement: ADA claims must be filed with the EEOC within 300 days in California before a lawsuit can be filed

What Qualifies as a Disability Under California Law?

FEHA’s definition of disability is broader than the ADA and covers a wide range of conditions:

Physical Disability

Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems that limits a major life activity. See our guide to ADA and FEHA protected disabilities in the workplace. Under FEHA, “limits” does not require the limitation to be substantial. Common physical disabilities include:

• Cancer and chronic illness (including conditions in remission)
• Back and spinal conditions, including herniated discs
• Arthritis, joint disease, and musculoskeletal conditions
• Cardiovascular disease and heart conditions
• Diabetes and other metabolic conditions
• Visual and hearing impairments
• HIV/AIDS
• Epilepsy and neurological conditions
• Injuries requiring surgery or prolonged recovery

Mental Disability

Any mental or psychological disorder or condition that limits a major life activity. Under FEHA, this includes:

• Anxiety disorders and panic disorder
• Depression and mood disorders
• PTSD and trauma-related conditions
• ADHD and learning disabilities
• Bipolar disorder
• OCD and other anxiety-related conditions

Important: California law also protects employees who are “perceived as” disabled — even if they do not have an actual disability — and employees who are associated with a disabled person (such as a family member). These “perceived disability” and “association” claims are common and often overlooked.

Reasonable Accommodation: What Employers Are Required to Provide

A reasonable accommodation is any modification or adjustment to the work environment, job duties, schedule, or policies that allows a qualified employee with a disability to perform the essential functions of their job. See our guide to examples of reasonable accommodations in California. Examples include:

• Modified work schedules or reduced hours
• Remote work or telecommuting arrangements
• Modified or reassigned marginal (non-essential) job duties
• Leave of absence for treatment or recovery
• Ergonomic equipment or assistive technology
• Modified seating, workspace, or physical environment
• Transfer to a vacant position the employee can perform
• Additional break time for medical needs

An employer is not required to provide the exact accommodation requested by the employee. They must provide an effective accommodation that meets the employee’s needs. They are not required to provide an accommodation that would impose an undue hardship — a significant difficulty or expense relative to the employer’s size and resources.

The Interactive Process: California’s Independent Obligation

California law imposes an independent obligation on employers to engage in a timely, good-faith interactive process. See our overview of fighting disability discrimination in the workplace when an employee requests accommodation or when the employer becomes aware of an employee’s disability. Under FEHA Government Code § 12940(n), failure to engage in the interactive process is a separate cause of action from the underlying failure to accommodate.

The interactive process requires:

• A meaningful, individualized discussion between the employer and employee about the employee’s limitations and accommodation needs
• The employer’s good-faith exploration of possible accommodations
• Timely responses to accommodation requests — delay alone can constitute a failure to engage
• Documentation of the process

Employers who simply deny an accommodation request without engaging in the process, who delay indefinitely, or who engage in a sham process designed to reach a predetermined conclusion violate § 12940(n) even if a genuine accommodation would have been available.

Common Types of Disability Discrimination in Los Angeles Workplaces

• Termination after disclosure of disability: An employee who discloses a disability — or whose disability becomes apparent — and is subsequently fired, laid off, or pushed out. See our guide to common examples of disability discrimination at work.
• Refusal to accommodate: An employer who denies an accommodation request without engaging in the interactive process, without conducting an individualized assessment, or without demonstrating that the accommodation would cause undue hardship.
• Failure to engage in the interactive process: An employer who ignores accommodation requests, responds with delay, or refuses to have a meaningful discussion about the employee’s needs.
• Forced leave or forced resignation: An employer who places an employee on extended unpaid leave rather than exploring accommodations, or who makes conditions so intolerable that the employee feels forced to resign (constructive discharge).
• Disability harassment: A supervisor or coworker who makes derogatory comments about an employee’s disability, mocks limitations, or creates a hostile work environment based on disability status.
• Perceived disability discrimination: An employer who takes adverse action against an employee they believe has a disability, even if no actual disability exists.
• Association discrimination: An employer who discriminates against an employee because of their association with a disabled person — such as terminating an employee because their spouse has a serious illness that affects the employer’s insurance costs.

Medical Leave and Disability Discrimination

Medical leave intersects closely with disability discrimination in California. When an employee takes leave for a disability-related reason, several overlapping laws apply:

• CFRA (California Family Rights Act): Provides up to 12 weeks of job-protected leave for serious health conditions for employees at employers with 5 or more employees.
• FEHA Pregnancy Disability Leave (PDL): Provides up to four months of leave for pregnancy-related disability, which runs separately from CFRA.
• FEHA reasonable accommodation leave: Leave itself can be a form of reasonable accommodation for a disability under FEHA, even if CFRA leave has been exhausted. California courts have found that additional leave beyond CFRA may be required as a reasonable accommodation if it would not cause undue hardship.

Terminating an employee immediately after their CFRA or FMLA leave expires is a common way employers disguise disability discrimination — which may also constitute wrongful termination. Our attorneys know how to identify this pattern. If your employer retaliated against you for requesting accommodation, see our workplace retaliation page.

What Compensation Can You Recover?

• Back pay: Lost wages and benefits from the date of the discriminatory act
• Front pay: Future lost earnings if reinstatement is not feasible
• Compensatory damages: Emotional distress, humiliation, and other non-economic harm
• Punitive damages: Available under FEHA for malicious or oppressive conduct
• Attorney’s fees and costs: Prevailing plaintiffs recover attorney’s fees under both FEHA and the ADA
• Reinstatement: A court order requiring your employer to rehire you, though often replaced by front pay in practice

Filing Deadlines for Disability Discrimination Claims in California

• FEHA claims: File with the California Civil Rights Department (CRD) within three years of the discriminatory act
• ADA claims: File with the EEOC within 300 days of the discriminatory act
• After right-to-sue notice: One year from CRD notice; 90 days from EEOC notice to file a lawsuit

Important: Evidence in disability discrimination cases — accommodation request communications, medical documentation, performance reviews, and termination records — can disappear or be altered once employment ends. Contact a disability discrimination lawyer in Los Angeles as soon as possible.

Why Choose Mesriani Law Group as Your Disability Discrimination Lawyer in Los Angeles?

• Over 30 years representing workers in disability discrimination, failure-to-accommodate, and interactive process claims throughout Los Angeles and California
• Hundreds of millions of dollars recovered for clients
• Deep knowledge of FEHA’s broader disability definition and its advantages over the ADA
• Experience with the full range of disability discrimination claims — from accommodation refusals to perceived disability and association claims
• No Win, No Fee — you pay nothing unless we win your case
• Available 24/7 in English, Spanish, and Farsi