# What Counts as Disability Discrimination? | Omega Law ![What is Disability Discrimination?](https://www.omegalaw.com/wp-content/uploads/2026/09/what-is-disability-discrimination-300x200.jpg) Disability discrimination is when an employer treats a job applicant or employee unfairly because of a disability, a history of disability, or even the belief that someone has a disability. That can mean refusing to hire someone, firing them, paying them less, denying a promotion, or refusing to make reasonable adjustments that would let them do the job. It does not always look obvious. Sometimes it is a manager’s comment, a sudden change after you disclose a condition, or a workplace that refuses to make a simple accommodation. Other times it is a blanket policy that discreetly screens people out. Either way, California and federal law treat it as illegal. Understanding what disability discrimination is helps you recognize when a line has been crossed at work. At Omega Law Group Accident & Injury Attorneys, a [West Hollywood employment lawyer](https://www.omegalaw.com/west-hollywood/employment-lawyer/) can review what happened and explain whether you may have a claim. There is no fee unless we recover for you. ## What Counts as a Disability The law defines disability broadly, so it covers far more than most people assume. Under California’s Fair Employment and Housing Act (FEHA), a disability is generally any physical or mental condition that limits a major life activity, like working, walking, seeing, or concentrating. This can include: - Physical conditions such as mobility impairments, diabetes, or chronic illness - Mental health conditions like depression, anxiety, or PTSD - Conditions in remission or that come and go, such as cancer or epilepsy - A history of a disability, even if you have recovered - Being “regarded as” disabled, meaning an employer treats you as disabled whether you are or not California’s definition is actually broader than the federal standard, which means many people are protected here even when they might not be under federal law alone. ## Common Forms of Disability Discrimination Disability discrimination can show up at almost any stage of employment. Some of the most common examples include: - Refusing to hire a qualified applicant because of a disability - Firing or demoting someone after they disclose a condition - Denying a promotion or better assignments based on assumptions about what a person can handle - Paying someone less or cutting hours because of a disability - Harassment, such as mocking comments or hostile treatment tied to a condition - Refusing reasonable accommodations that would let a person do their job That last one is important. Under FEHA, failing to provide a reasonable accommodation is itself a form of disability discrimination, not a separate, minor issue. ### Hurt in an accident? Our personal injury lawyers in are here to help. [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## Reasonable Accommodations Explained A reasonable accommodation is a change to the job or workplace that lets a qualified person with a disability perform their role. Employers are required to provide these unless doing so would cause a genuine hardship for the business, such as major cost or difficulty. Common accommodations include: - A modified work schedule or the ability to work remotely - Adjusted equipment, software, or a reconfigured workspace - Extra unpaid leave for treatment or recovery - Reassignment to a vacant position the person can perform The law expects both sides to engage in what is called the “interactive process,” a good-faith conversation about what would actually help. When an employer refuses to have that conversation at all, that refusal can be part of a discrimination claim. ## Disability Discrimination vs. Legitimate Employment Decisions Not every negative decision is discrimination. An employer can still discipline, pass over, or let go of an employee with a disability for legitimate, unrelated reasons, like documented performance problems that have nothing to do with the condition. The key question is whether the disability was a substantial motivating reason for the decision. This is where timing and documentation matter so much. A strong evaluation history followed by sudden problems right after you disclosed a condition tells a very different story than a long record of genuine performance issues. ### Injured in an accident? Our personal injury lawyers in are here to help. [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## The Laws That Protect You Two main laws address disability discrimination in California. The Fair Employment and Housing Act, found in Government Code section 12940 and following, prohibits disability discrimination and requires reasonable accommodations. It applies to employers with five or more employees, which is a lower threshold than federal law. The federal Americans with Disabilities Act (ADA) offers similar protections and generally applies to employers with 15 or more employees. Because California’s law is broader, many workers here are protected under state law even when the ADA might not apply. If you decide to take action, deadlines matter. Under Government Code section 12960, you generally have three years from the date of the discriminatory act to file a complaint with the Civil Rights Department, the state agency that handles these cases. ### Have you been involved in an accident? [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## Signs You May Have Experienced Disability Discrimination It is not always easy to tell when unfair treatment crosses into illegal territory. A few patterns are worth paying attention to: - Your treatment changed noticeably after you disclosed a condition or requested accommodation - You were denied an accommodation without any real discussion - You were replaced by someone without a disability shortly after being let go - A manager made comments about your condition, your leave, or your “reliability” - The stated reason for a decision does not match your actual track record Any one of these can be a red flag. Together, they often point to a pattern worth having a professional look at. ## How Omega Law Group Can Help Now that you understand what disability discrimination is, the next step is deciding whether what happened to you fits. You do not need to prove your case on your own or know exactly which law applies. You just need to trust that something felt wrong and be willing to have it reviewed. The team at Omega Law Group Accident & Injury Attorneys offers free consultations, works on contingency, which means no fee unless we win, and is available 24/7 with assistance in Spanish. If you believe you were treated unfairly at work because of a disability, reach out today and let our family take care of yours. --- Source: https://www.omegalaw.com/faqs/what-is-disability-discrimination/