It is illegal for an employer to discriminate against an employee or applicant because of a disability, health condition, or perceived disability. The Americans with Disabilities Act of 1990 (ADA) is the law that prohibits disability discrimination in the workplace, for companies with 15 or more employees. Don’t let them discriminate against you at work because of a disability or health issue. If you are being discriminated against at work, speak with our employment and employment law attorneys in San Francisco, California to protect your rights and employment by calling (888)442-2642.
The employer cannot show bias when it comes to hiring, firing, wages, benefits, promotions, or job level with respect to the employee’s disability or health condition. In addition, the law says that employers must make reasonable accommodations for an employee with a disability so that the employee can do the job despite the disability.
The attorneys for workers 24/7 can provide you with the help you need if you have been the victim of discrimination based on a disability or health condition in the workplace. We are ready to answer your questions, including whether you qualify as disabled, whether your employer provided you with reasonable accommodations, and whether what you experienced is considered discrimination under the law.
If you have a valid claim, our disability discrimination attorneys in San Francisco, California can help you file a claim with the appropriate agency and ensure that deadlines are met. If your rights have been violated, we are here to see that they are restored and that you receive the maximum compensation you deserve under the law.
Discrimination in the workplace due to disability or health condition is illegal
For a disability discrimination claim to be valid, you must first demonstrate that you actually qualify as disabled under the ADA’s definition of “disability.” A person can be considered disabled if they belong to one or more of the following categories:
- The person has a documented impairment.
- Others perceive that the person has a disability.
- The person’s ability to perform one or more major life functions is limited due to a physical or mental disability.
- In addition, it must also be evident that the applicant or employee can, in fact, perform the tasks of the position due to the person’s training, skills, education, or experience, and that this can be achieved with reasonable accommodations.
- Even a perceived disability can be the basis of illegal discrimination.
For example, an employer may consider an employee or applicant to be disabled based on a perceived disability. An example could be someone with a severe limp, but who qualifies for the job and could adequately and professionally perform the duties of the job. The employer feels that the “perceived disability” will distract other employees or that the employee will not fit in, so they do not hire or promote the person. This is illegal
It is also illegal to harass an employee who has or has a disability or health condition. While good-natured teasing or an infrequent comment may not qualify as harassment, frequent cutting remarks or one that is clearly intended to be harmful or offensive could be discriminatory. The offender could be the employee’s supervisor, another employee, or even a non-employee associated with the company, such as a client. A critical facet of a valid discrimination claim is whether the action, or inaction, taken by the employer was fundamental in the adverse employment action that was taken.
Taking legal action for disability discrimination in San Francisco
U.S. Equal Employment Opportunity Commission (EEOC) To file a claim for discrimination based on disability or health condition, you must file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) if the company has 15 or more employees.
California Civil Rights Department for employees of 4 to 14, you must file the complaint with the California Civil Rights Department. If you live in the city of San Francisco, the complaint can be filed with the San Francisco Human Rights Commission. Our employment and employment rights attorneys can help you with a claim and protect your employment. Call immediately if you are being discriminated against at (888)442-2642 for your free consultation with the #1 employee rights attorneys in the San Francisco area. We speak Spanish and serve you in Spanish. All legal advisors and attorneys speak Spanish and serve you 24/7!
Where We Serve
We represent workers with disabilities in San Francisco, Oakland, San Jose, San Mateo County, and the entire region.
Need help today?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
What counts as a disability under California law?
California has one of the broadest definitions of disability in the country. Under FEHA, a disability includes any physical or mental condition that limits a major life activity. This covers: chronic conditions like diabetes, cancer, HIV, heart disease, or multiple sclerosis, psychiatric conditions like depression, anxiety, PTSD, or bipolar disorder, physical injuries that limit movement or ability, temporary but significant conditions like recovery from surgery, and conditions perceived as disabilities even if they are not actually disabilities. California’s definition is broader than the federal ADA — which means more people have protection under state law. Call 1-888-442-2642.
What are reasonable accommodations and when should I request them?
A reasonable accommodation is any modification to the job or workplace that allows an employee with a disability to perform the essential functions of their job. Common examples: modified schedule for medical appointments, work from home on certain days, special equipment (ergonomic chair, larger monitor), change of non-essential tasks the employee cannot perform, or reassignment to a different position if no accommodation is possible. You must request them formally — generally in writing — when the disability begins to affect your work. The employer must explore in good faith whether accommodations are possible. If they refuse without that exploration, it may be discrimination. Call 1-888-442-2642.
Can my employer fire me because of my medical condition?
No, if the medical condition constitutes a disability under FEHA and if you can perform the essential functions of the job with or without reasonable accommodations. The employer also cannot fire you for having taken protected medical leave (PDL or CFRA). If you were fired under any of these circumstances, you have grounds for a lawsuit. The employer must demonstrate that there were no reasonable accommodations possible and that your disability prevented you from performing the essential functions — a significant burden of proof. Read about medical condition discrimination in California. Call 1-888-442-2642.
Do I have to disclose my medical condition to request reasonable accommodations?
You don’t need to disclose the specific diagnosis, but you do need to communicate that you have a medical condition that requires accommodations and what those accommodations are. Generally, the employer can request medical documentation confirming the need for the accommodation — but cannot request your complete medical history. The medical information you share must be kept confidential by the employer and cannot be shared with supervisors except as necessary to implement the accommodation. Call 1-888-442-2642.
How much can a disability discrimination case be worth?
In California, compensation can include: lost wages if you were fired, emotional damages with no cap under FEHA, punitive damages in cases of malicious conduct, and attorney’s fees. The combination of unlimited emotional damages and punitive potential means that serious disability discrimination cases can be very significant. In similar cases, we have seen recoveries from tens of thousands to over $150,000 depending on the circumstances. Free evaluation at 1-888-442-2642.
How long do I have to sue my employer?
It depends on the type of claim. For wage theft under the California Labor Code: 3 years from each violation (4 years under UCL). For discrimination, harassment, and retaliation under FEHA: 3 years from the most recent act. For PAGA actions: 1 year. For workers’ compensation for injuries: generally 1 year. These deadlines apply throughout California — including San Francisco, Oakland, San Jose, Sonoma County, and the entire region. Don’t wait — every month that passes can mean lost recoverable period. Call 1-888-442-2642.
How much does it cost to hire Liberation Law Group?
Nothing upfront. We work on contingency — the initial consultation is completely free and we only charge fees if we win your case. If we don’t recover anything for you, you owe us absolutely nothing. In most successful employment cases in California, the employer is required to pay the worker’s attorney’s fees — which means the employer frequently pays our fees, not you. There are no hidden costs or surprises. Call 1-888-442-2642.
Can my employer retaliate against me for contacting an employment attorney?
No. Seeking legal advice is a protected right. If your employer fires you, reduces hours, or takes any negative action because you contacted an attorney or filed a complaint, that is illegal retaliation — an additional violation that can add significant compensation to your case. Read about employment retaliation in California. Call 1-888-442-2642.
Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Attorneys for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Fee Until We Win
