Disability Discrimination—Disparate Treatment in California Workplaces

Introduction

California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees or applicants because of actual or perceived disabilities, including a history of disability or specific medical conditions. Cal. Gov’t Code § 12940(a). Covered employers must not base employment decisions on disability—whether real or mistakenly believed. Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 291 (2023).

What Must Be Proven

A claim for disability discrimination requires the plaintiff to show:

1. The employer or defendant was covered by FEHA;

2. The plaintiff was an employee or applicant;

3. The employer knew about the plaintiff’s disability, history of disability, or perceived disability;

4. The plaintiff could perform essential job duties, with or without reasonable accommodation;

5. The employer subjected the plaintiff to an adverse employment action (such as firing, demotion, refusal to hire, or other significant job change);

6. The disability was a substantial motivating reason for the employer’s decision;

7. The plaintiff was harmed;

8. The employer’s conduct was a substantial factor in causing that harm.

Green v. State of California, 42 Cal.4th 254, 257–58 (2007); Higgins-Williams v. Sutter Medical Foundation, 237 Cal.App.4th 78, 84 (2015).

Direct and Perceived Disability

FEHA protects employees who actually have a disability, a history of disability, or are mistakenly perceived as disabled. Gelfo v. Lockheed Martin Corp., 140 Cal.App.4th 34, 53 (2006). Personal animosity is not required; decisions made because of disability—intentionally or not—can be unlawful.

The Employer’s Duty

Employers must provide reasonable accommodation unless it would create an undue hardship, and avoid actions based on stereotypes or assumptions. Documentation and a fair, interactive process are key to compliance.

Practical Guidance for California Employers

Employers should:

• Maintain clear written policies against disability discrimination;

• Train managers to recognize disabilities and engage in the interactive accommodation process;

• Document decisions and business reasons for adverse actions;

• Avoid relying on stereotypes or assumptions about medical conditions;

• Ensure all employment decisions are based on legitimate, non-discriminatory grounds.

• Employers who follow these practices help avoid liability and foster an inclusive, legally compliant workplace.

Citations

Cal. Gov’t Code § 12940(a); Raines v. U.S. Healthworks Med. Group, 15 Cal.5th 268, 291 (2023); Green v. State of California, 42 Cal.4th 254, 257–58 (2007); Higgins-Williams v. Sutter Med. Found., 237 Cal.App.4th 78, 84 (2015); Gelfo v. Lockheed Martin Corp., 140 Cal.App.4th 34, 53 (2006).