California Disability Discrimination Lawyer for Employees
As a California disability discrimination lawyer, Milan Chatterjee represents employees in San Bernardino and Riverside Counties who were fired, denied accommodation or pushed out because of a physical or mental disability or medical condition. California's disability protections are broader than the federal ADA and apply to employers with 5 or more employees.
Free, confidential. We respond within minutes.
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp.
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
What You Can Recover in a Disability Discrimination Claim
FEHA gives employees with disabilities the same strong remedies available in any discrimination case. Emotional distress damages are not capped under FEHA, and the court can order the employer to pay your attorney's fees. As your California disability discrimination lawyer, our job is to document every loss.
Financial damages you can recover
- Back pay: lost wages and benefits from the date of the discriminatory act
- Front pay: future lost earnings when returning to the job is not realistic
- Lost health coverage and other benefits
- Emotional distress damages
- Punitive damages when the employer acted with malice, oppression or fraud (Civ. Code 3294)
- Reasonable attorney's fees, costs and expert fees (Gov. Code 12965)
Beyond the money
- The accommodation you were denied, or reinstatement to your job
- A corrected personnel record and neutral references
- Court-ordered training and policy changes at the employer (Gov. Code 12965)
- Accountability that protects the coworkers who come after you
Employers Cannot Legally Discriminate Against Employees
California and federal laws protect employees from disability discrimination in the workplace. If your employer denied you a reasonable accommodation, treated you unfairly because of a disability, or retaliated against you for asserting your rights, you may have a legal claim. Call (888) 785-9923 for immediate assistance.
Disability Rights Under California Law
FEHA prohibits discrimination based on physical disability, mental disability and medical condition (Gov. Code 12940(a)). These are the situations a California disability discrimination lawyer sees most often.
Broader Protection Than the ADA
California law requires only that a condition limit a major life activity, not that it substantially limit it, and working counts as a major life activity. Conditions are judged without regard to medication or other mitigating measures (Gov. Code 12926.1).
- Physical conditions: back and joint injuries, diabetes, epilepsy, heart disease, multiple sclerosis, HIV
- Mental health conditions: depression, anxiety, bipolar disorder, PTSD
- Medical condition: cancer and genetic characteristics
- Perceived or associated: being regarded as disabled, or associated with someone who is
Failure to Accommodate
Employers must provide a reasonable accommodation for a known disability unless it would cause undue hardship (Gov. Code 12940(m)). Accommodations can include modified duties or schedules, equipment, remote work, reassignment to a vacant position, or a period of leave.
A Separate Claim: Failure to accommodate is its own violation under California law, even if you were never fired.
Failure to Engage in the Interactive Process
When you request an accommodation, or your employer knows you need one, it must engage in a timely, good faith interactive process to find one that works (Gov. Code 12940(n)). Ignoring a doctor's note, demanding repeated paperwork or ending the conversation can each be a violation.
How We Win: We document every request, every response and every delay, which often shows the employer never seriously looked for an accommodation.
Fired or Pushed Out Because of a Disability
An employer cannot fire you, refuse to hire you, demote you or force you out because of a disability, a medical condition or a request for accommodation. Termination soon after a diagnosis, a doctor's restrictions or a return from medical leave is a common warning sign.
What We Look For: Timing, comments about your health or reliability, and whether a 100 percent healed policy or no light duty rule was applied to you.
Unsure Whether You Have a Case?
Tell us what happened and when. We will give you an honest assessment of your rights under California law.
Investigation, Aggressive Pursuit, Maximum Recovery
When you hire a California disability discrimination lawyer at our firm, your case moves through three phases.
We review your accommodation requests, doctor's notes, leave history, performance record and the employer's stated reasons, and request your personnel file (Lab. Code 1198.5). We identify every deadline and every leave law that applies.
We file your complaint with the California Civil Rights Department (CRD), and with the EEOC when ADA claims apply. Depending on your goals, we pursue an investigation and mediation, or request an immediate right-to-sue notice and file in court.
We negotiate from a position of strength and prepare every case as if it will go to trial. As former in-house counsel, Milan knows how employers evaluate risk and what moves them to settle.
California Workers We Fight For
Our California disability discrimination lawyer represents employees across the Inland Empire's largest industries.
Warehousing & Logistics
Injured workers denied light duty, and productivity quotas applied without accommodation.
Health Care
Nurses and staff with lifting restrictions, mental health conditions or chronic illness.
Education & Public Sector
Schedule and classroom accommodations, medical leave and reassignment.
Retail & Hospitality
Standing requirements, stool and break accommodations, and hours cut after a diagnosis.
Construction & Trades
Workers with injuries told to come back only when fully healed.
Office & Professional
Remote work and schedule requests denied, and performance plans after medical leave.
What To Do in the First 7 Days
What you do early can shape your case. These steps protect your rights whether you are still working, on leave or have already been let go.
Put Your Request in Writing
Ask for an accommodation by email, describe your restrictions, and attach your provider's note. You do not need to use the word accommodation, but writing it down helps.
Keep a Record of Every Response
Save every email, meeting note and form, and write down what was said in each conversation about your condition or restrictions.
Save Your Evidence
Keep performance reviews, schedules, texts and pay stubs you already have. Do not take confidential company files.
Call an Employee Rights Lawyer
Before resigning or signing any severance agreement or release, call (888) 785-9923 for a free consultation.
Waiting too long to take action may affect your ability to pursue a disability discrimination claim. If you were denied an accommodation, subjected to discrimination, or terminated because of a disability, call (888) 785-9923 for a free and confidential consultation.
Evidence That Can Strengthen a Disability Discrimination Claim
Disability cases are often built on the paper trail: accommodation requests, doctor's notes, emails about restrictions, and how quickly, or slowly, the employer responded. Good reviews before a diagnosis followed by sudden criticism, and comments about your health, attendance or reliability, point to the real reason for a decision.
Leave records, schedules, job descriptions, the personnel file and witness accounts all help. A California disability discrimination lawyer organizes this evidence into a clear story for the CRD, a mediator or a jury.
Disability Claims and California Employment Law
State and federal law both protect employees with disabilities, with different coverage and deadlines. Talk to an attorney before relying on any deadline.
Disability Rights and Claim Deadlines
| Right or claim | What it provides | Deadline or limit | Source |
|---|---|---|---|
| FEHA disability protection | Discrimination, accommodation, interactive process | Employers with 5+ employees | Gov. Code 12940(a), (m), (n) |
| FEHA complaint | Filed with the Civil Rights Department | 3 years from the unlawful act | Gov. Code 12960 |
| FEHA lawsuit | Lawsuit in Superior Court | 1 year from the right-to-sue notice | Gov. Code 12965 |
| Federal charge (ADA) | EEOC charge, employers with 15+ employees | 300 days | 42 U.S.C. 12117; 2000e-5(e) |
Frequently Asked Questions About Disability Discrimination in California
Under FEHA, a physical or mental condition is a disability if it limits a major life activity, such as working, and it is judged without regard to medication or other mitigating measures. This is broader than the federal ADA, which requires a substantial limitation (Gov. Code 12926.1). Cancer and genetic characteristics are also protected as medical conditions.
Yes. Employers with 5 or more employees must provide a reasonable accommodation for a known physical or mental disability unless it would cause undue hardship (Gov. Code 12940(m)). Examples include modified duties, schedule changes, equipment, remote work, reassignment or a period of leave.
The interactive process is a timely, good faith conversation between you and your employer to find an effective accommodation (Gov. Code 12940(n)). An employer that ignores your request, delays without reason or refuses to consider options may be violating the law, even if it later offers something.
Yes. Mental and psychological conditions, including depression, anxiety, bipolar disorder and PTSD, are protected under FEHA when they limit a major life activity. You can request accommodations such as schedule changes or leave for treatment.
An employer cannot fire you because of a disability, because you requested an accommodation, or because you took protected leave. Leave can itself be a reasonable accommodation under FEHA, and CFRA may provide up to 12 weeks of job-protected medical leave. An employer's stated reason for a firing during leave should be reviewed by a lawyer.
Yes. California limits when employers can ask about your medical condition, and medical information must be kept confidential and separate from your personnel file. You generally do not have to share your diagnosis, only your limitations and the accommodation you need.
Generally 3 years from the discriminatory act to file a complaint with the California Civil Rights Department (Gov. Code 12960), and 1 year after the right-to-sue notice to file a lawsuit (Gov. Code 12965). Federal ADA charges with the EEOC are generally due within 300 days.
Yes. We represent employees throughout San Bernardino and Riverside Counties in California disability discrimination claims, with free, confidential consultations in English or Spanish. Call (888) 785-9923.
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Milan Chatterjee
UCLA Law Graduate. Former in-house counsel at Las Vegas Sands Corp. Nevada & California Bar. Founding President, South Asian Bar Assoc. of Las Vegas.