You have diabetes and were terminated the month after your employer found out. You have a back condition and your employer refused to provide an appropriate chair. You live with depression and your supervisor makes cutting remarks in front of the whole team. Or you asked for time off for a medical appointment and suddenly became the "problem" in the department.
What you are experiencing has a name: disability discrimination. And in California, it is completely illegal.
My name is Arlo Uriarte. I am an employment attorney at Liberation Law Group and I have spent over 30 years filing disability discrimination cases on behalf of workers in San Francisco, San Jose, Oakland, and throughout Northern California. We are a plaintiff's firm — we file cases, we fight for workers, and we do not defend employers. Our office is at 2760 Mission Street in the Mission District, three minutes from 24th Street BART. We speak Spanish, and we know exactly how to build a case that wins when an employer violates a worker's disability rights.
If your employer is discriminating against you because of a disability or medical condition, call today for a free consultation in Spanish or English. No cost, no obligation, regardless of immigration status.
What Is Disability Discrimination? California Law vs. Federal Law
Disability discrimination occurs when an employer makes an unfavorable employment decision — refusing to hire, terminating, failing to promote, denying accommodations, or creating a hostile work environment — based on an actual disability, a perceived disability, or a history of disability.
In California, workers are protected by two overlapping laws that together create the strongest disability protections in the country:
The most important distinction: under the ADA, a disability must "substantially limit" a major life activity. Under California's FEHA, the condition need only "limit" an activity — a significantly broader standard that protects far more workers. That is why we almost always file under FEHA, and why California workers have stronger protections than anywhere else in the country.
Learn about all types of employment discrimination protected under California's FEHA.
What Conditions Are Protected? The List Is Broader Than Most People Realize
Many workers assume disability protection only applies to obvious, visible conditions. That is completely wrong. Under California's FEHA, all of the following — and many more — are legally protected:
Physical Conditions
- Back, neck, or spine problems — among the most common conditions in the cases we file
- Arthritis and mobility conditions affecting walking, standing, or lifting
- Diabetes — both Type 1 and Type 2
- Cancer — at any stage of diagnosis or treatment
- Heart and circulatory conditions
- Visual, hearing, or speech impairments
- Epilepsy and neurological conditions
- HIV/AIDS
- Chronic conditions requiring ongoing management
Mental Health Conditions — Equally Protected Under California Law
- Clinical depression — one of the most frequently discriminated-against conditions in the workplace
- Generalized anxiety disorder or panic attacks
- PTSD (post-traumatic stress disorder)
- Bipolar disorder
- ADHD (attention deficit hyperactivity disorder)
- Obsessive-compulsive disorder
A critical point: you do not need your disability to be visible or obvious for it to be protected. "Invisible disabilities" — diabetes, depression, anxiety, chronic pain — have exactly the same legal rights as visible conditions. What matters is how the condition limits your activities, not whether anyone else can observe it.
Learn more about medical condition discrimination in the workplace.
30+ years filing disability discrimination cases in San Francisco and the Bay Area. We represent employees — never employers. No fee unless we win.
1-888-442-2642 or request your free case evaluation hereReasonable Accommodations — A Legal Obligation, Not a Courtesy
One of the most important rights under disability law is the right to reasonable accommodations — changes to the job, schedule, or work environment that allow a person with a disability to perform their essential functions.
The law requires employers to provide these accommodations unless they constitute an "undue hardship." Research from the Job Accommodation Network shows that more than 56% of workplace accommodations cost absolutely nothing, and the average cost of those that do have a cost is approximately $500. When an employer says "it's too expensive" without actually investigating options, that is almost always pretext.
Examples of reasonable accommodations your employer is legally required to consider:
The Interactive Process — A Legal Duty Employers Frequently Violate
California's FEHA imposes an especially important and frequently violated obligation: when an employee requests a reasonable accommodation, the employer is legally required to engage in an "interactive process" — a good-faith conversation to identify what accommodations are possible and which would be effective.
The interactive process is not optional. It is an independent legal duty. Violating it — even if the employer might have eventually had a legitimate basis to deny the accommodation — is in itself a separate violation of FEHA that strengthens your case significantly.
The most common interactive process violations we see in San Francisco:
- The employer ignores the accommodation request entirely — no response, no discussion
- The employer presents an ultimatum — "work without accommodations or resign" — without exploring alternatives
- The employer denies the accommodation without explanation or any undue hardship justification
- HR responds with a blanket "it's not possible" without genuine investigation
- The employer goes through the motions but acts in bad faith throughout the process
When we document an interactive process violation, it provides compelling evidence of bad faith — which is highly persuasive to a Bay Area jury and materially increases the value of the overall case.
Types of Disability Discrimination We File in San Francisco
Discrimination in Hiring — Financial District and SoMa
In the offices of the Financial District near the Embarcadero and in the tech startups of the SoMa district near the Moscone Center, hiring discrimination based on disability is common. It takes the form of illegal health questions during interviews, or the more common pattern: "we decided to go in a different direction" immediately after a candidate disclosed a medical condition or appeared with a visible disability.
Denial of Reasonable Accommodations — Technology and Services
In tech companies across SoMa and service companies in the Financial District, we file cases where an employee requests remote work for a chronic condition, or asks for an ergonomic chair for a back condition, and the employer simply says "no" — without exploring options, without engaging in the required interactive process, and without any genuine assessment of whether undue hardship applies.
Termination for Disability — Restaurants, Hotels, and Construction
In the restaurants of North Beach near Washington Square Park and the Mission District, in the hotels around Union Square, and at construction sites in Mission Bay near Chase Center, the most common pattern is termination immediately after the employer learns of a worker's medical condition. "Performance issues" or "restructuring" is used as pretext, but the timing tells the real story.
Disability Harassment — Hostile Work Environment
Comments about a worker's wheelchair in front of the entire team. Jokes about a colleague's diabetes. Mockery about someone's medication. When harassment is severe or pervasive enough to create a hostile work environment, that is illegal discrimination under FEHA — independent of any termination decision.
Retaliation for Requesting Accommodations
One of the most consistent patterns: the worker requests a reasonable accommodation they are legally entitled to, and the employer begins documenting "performance problems," changes the worker's schedule, or terminates them — all following the request. The law prohibits this explicitly, and the timing makes it very difficult for employers to explain before a jury.
Read more about workplace retaliation and how protections apply to workers with disabilities.
Real Cases in San Francisco & the Bay Area
These are real cases that have occurred in the Bay Area. If your situation is similar, call Arlo Uriarte for a free evaluation.
María was terminated after her employer discovered she had diabetes. The company cited "insufficient performance" — but her evaluations had been consistently positive for years. The worker recovered $85,000 and now works for a company that respects her medical needs.
David, a wheelchair user. His supervisor made cutting comments about his disability in front of the whole team. He believed he had to endure it. The worker recovered $120,000 and the company was required to implement disability sensitivity training for all supervisors.
Employee with clinical depression requested a flexible schedule for treatment. The employer refused to engage in the interactive process and terminated him the following month. The interactive process violation was the key evidence. Case resolved by confidential settlement before trial.
Housekeeping worker with a back condition requested a lifting tool to protect her condition. The hotel terminated her instead of providing the accommodation. The worker recovered her job with full back pay. The tool she had requested cost under $200 — the employer paid far more in legal fees and damages.
* These cases are presented for informational purposes. Past outcomes do not guarantee future results. Each case is unique.
Arlo Uriarte — Employment Attorney — will evaluate your case for free and tell you honestly what your options are.
1-888-442-2642 or request your free case evaluationDisability Discrimination by Industry in San Francisco
Technology — SoMa and South Bay
Tech companies operate with a "high-output" culture that frequently conflicts with the needs of employees with disabilities. We file cases involving denials of remote work for people with chronic conditions, refusals of flexible schedules for treatment, and layoffs that disproportionately target employees with known medical conditions — disguised as business decisions.
Healthcare — UCSF, SF General, Zuckerberg
Hospitals and clinics — from UCSF on Parnassus to SF General on Potrero Avenue — have especially strong obligations to accommodate their own employees. When these institutions discriminate against workers with disabilities, Bay Area juries respond with particular force to the irony.
Restaurants and Food Service — Mission, North Beach, Castro
In the restaurant industry we frequently see discrimination when workers develop musculoskeletal conditions — extremely common in this sector — and request modifications to their duties. The typical pattern: the employee reports a workplace injury, requests an accommodation, and is terminated for "staffing reasons."
Construction — Mission Bay, Bayview-Hunters Point
At construction sites near Chase Center in Mission Bay and in Bayview-Hunters Point, workplace injuries are frequent. When a worker reports an injury, files a workers' compensation claim, and is then "coincidentally" terminated — that is retaliation, and it is illegal. We file these cases in San Francisco Superior Court at 400 McAllister Street and in the US District Court at 450 Golden Gate Avenue.
What to Do Immediately
Save emails, messages, and notes about each discriminatory incident with exact dates. Write down discriminatory comments, who made them, and who was present. Store everything on personal devices — not company equipment.
Keep all medical records, accommodation requests you submitted, and any employer communications about your condition or request. The connection between your accommodation request and the change in treatment is often the core of the case.
If you have not already, put your accommodation request in writing to HR or your supervisor and keep a copy. This formally triggers the employer's legal obligation to respond and engage in the interactive process.
Before filing a formal internal complaint, speak with an attorney. A poorly handled HR conversation can weaken your case. The consultation at Liberation Law Group is completely free. Call 1-888-442-2642.
Under FEHA, 3 years. For the EEOC under ADA, 300 days. Do not wait to "see what happens." Every day that passes, evidence can disappear and deadlines draw closer. Call 1-888-442-2642 today.
What You Can Recover
Disability discrimination cases under California's FEHA offer a robust set of available damages:
- Back pay — everything you would have earned from the discriminatory act through case resolution
- Front pay — projected future earnings if your career was damaged by the discrimination
- Unlimited emotional distress damages — FEHA places no statutory cap on these amounts
- Punitive damages — to punish employers for malicious or fraudulent conduct
- Reinstatement — in many cases we recover your job with full back pay
- Attorney fees paid by the employer — in most successful employment cases
In cases that also involve retaliation for requesting accommodations, damages are frequently higher because there are two independent causes of action — the original discrimination and the retaliation for exercising legal rights.
What Our Clients Say
"After I was fired because of my diabetes, I didn't know what to do. Liberation Law Group recovered $85,000 for my family. I now work for a better company that respects my medical needs."
— María R., San Francisco (name protected by confidentiality)
"My supervisor made terrible comments about my wheelchair. I thought I just had to put up with it. These attorneys helped me win $120,000 and change the company's policies. Nobody else should have to go through what I did."
— David L., Mission District, San Francisco (name protected)
Where We Serve
Our office is at 2760 Mission Street, Second Floor in the Mission District — three minutes from 24th Street Mission BART, near Dolores Park. We handle cases throughout San Francisco (Mission, SoMa, Financial District, North Beach, Castro, Chinatown, Union Square, Bayview, Mission Bay, Pacific Heights), Oakland, Hayward, San Jose, Napa County, Sonoma County, Santa Rosa, Marin County, Vallejo, San Mateo County, and all of Northern California.
Liberation Law Group — Workers' Rights Advocates · Fighting for Employees Since 2007 · Free Consultation in Spanish or English · No Fee Unless We Win.
1-888-442-2642 or request your free consultation onlineFrequently Asked Questions About Disability Discrimination in California
What types of disabilities are protected under California law?
California's FEHA has one of the broadest definitions of disability in the country. It protects physical conditions — back problems, diabetes, cancer, arthritis, heart conditions, visual or hearing impairments, epilepsy, HIV — and mental health conditions including depression, anxiety, PTSD, bipolar disorder, and ADHD. It also protects conditions that are perceived as disabilities, even if technically they do not qualify.
The key criterion under FEHA is whether the condition "limits" a major life activity — an easier standard to meet than the federal ADA's requirement that the limitation be "substantial." In practice, this means significantly more workers are protected under California law than under federal law alone. If you are unsure whether your condition qualifies, call 1-888-442-2642 for a free evaluation.
Can my employer legally ask about my disability during a job interview?
No. California law prohibits employers from asking about disabilities, medical conditions, or medical history before making a job offer. The only permitted inquiry is whether you can perform the essential functions of the position with or without reasonable accommodation.
Specifically prohibited questions include asking about your health generally, whether you take medication, whether you have any physical limitations, and whether you have filed a workers' compensation claim. If an employer asked any of these questions and then did not hire you, that can be direct evidence of discriminatory intent in the hiring process. Call 1-888-442-2642 for a free evaluation of your specific situation.
How long do I have to file a disability discrimination case in California?
Under California's FEHA, you have 3 years from the most recent discriminatory act to file a lawsuit in court. In San Francisco, that is San Francisco Superior Court at 400 McAllister Street near Civic Center BART. For the California Civil Rights Department (CRD), 1 year. For the EEOC under the federal ADA, 300 days.
Even with the three-year window under FEHA, acting quickly produces better results. Emails and digital communications get deleted. Witnesses change jobs. And the connection between your accommodation request and the employer's change in behavior is most evident when the timeline is recent. Call 1-888-442-2642 — the consultation is free.
How much money can I recover in a disability discrimination case?
Under FEHA, you can recover back pay from the discriminatory act through the resolution of the case, future lost earnings if your career was damaged, emotional distress damages with no statutory cap, punitive damages for malicious or fraudulent conduct, and attorney fees paid by the employer in most successful cases. Reinstatement with full back pay is also available in many cases.
In the Bay Area: $85,000 for a worker fired after her employer learned about her diabetes; $120,000 plus policy changes for a worker subjected to ongoing disability harassment; full reinstatement with back pay for a hotel worker whose $200 accommodation request was denied. In cases involving multiple violations or extended patterns, amounts are significantly higher. Call 1-888-442-2642 for a free honest evaluation of your case.
What are reasonable accommodations and what is my employer required to provide?
Reasonable accommodations are any changes to the job, schedule, or work environment that enable an employee with a disability to perform the essential functions of their position. The employer is legally required to provide them unless doing so would cause "undue hardship" — a standard that requires demonstrating significant financial or operational impact, which most employers cannot genuinely sustain.
Research consistently shows that more than half of all workplace accommodations cost nothing — they involve changes in schedule, policy, or process rather than physical modifications. The average cost of accommodations that do have a financial component is approximately $500. When your employer says "it's too expensive" or "it's not possible" without genuinely investigating options, that is almost always pretext. Call 1-888-442-2642 to evaluate whether your employer's refusal was legitimate.
What if my disability is invisible — like depression, diabetes, or chronic pain?
Invisible disabilities have exactly the same legal protection under FEHA as visible, obvious conditions. There is no requirement that your condition be apparent to others, that you use assistive equipment, or that your limitation be dramatic. What matters is how the condition limits your daily activities — not whether anyone else can observe it.
In fact, invisible disabilities are among the most frequently discriminated against — precisely because employers assume they are "not serious enough" to warrant accommodations or legal protection. We have won cases involving diabetes, depression, anxiety, chronic pain, and other conditions that were invisible to colleagues. Call 1-888-442-2642 to evaluate whether your condition qualifies.
Can I be fired or punished for requesting reasonable accommodations?
No — retaliation for requesting reasonable accommodations is explicitly and independently illegal under both the ADA and California's FEHA. If your employer took any adverse action against you — termination, reduction in hours, transfer to worse conditions, negative evaluations, write-ups — after you requested an accommodation, you have a separate retaliation claim in addition to the underlying discrimination claim.
Retaliation claims in this context are frequently among the easiest to prove because the timing is so transparent — the accommodation request and the adverse action often occur within days or weeks of each other. Bay Area juries respond strongly to evidence that an employer punished a worker simply for asking for help with a medical condition. Call 1-888-442-2642 if this is what happened to you.
What is the interactive process and why does it matter to my case?
The "interactive process" is a specific legal obligation under California's FEHA: when an employee requests a reasonable accommodation, the employer must engage in a good-faith dialogue to explore what accommodations are possible and which would be effective. The employer cannot simply say "no" without investigation. This is an independent legal duty — separate from the duty to actually provide the accommodation.
Why it matters: an employer who refuses to engage in the interactive process has committed an additional, independent violation of FEHA — even if the employer might eventually have been able to justify denying the specific accommodation requested. This bad-faith conduct is highly persuasive to juries, and it frequently increases the overall value of the case. If your employer ignored your accommodation request, gave you an ultimatum without discussion, or refused to explore alternatives, call 1-888-442-2642. The consultation is completely free.
Related pages: Workplace Discrimination · Medical Condition Discrimination · Workplace Retaliation · Wrongful Termination · Age Discrimination · Gender Discrimination
