If your employer refused a reasonable accommodation or fired you over a health condition, a disability discrimination lawyer can tell you whether the law was broken. You have the right to fair treatment at work. Your employer has a duty to try to help. Kingsley Szamet Employment Lawyers represents employees in disability cases, and your first consultation is free. This page is part of our guide to workplace discrimination.
What counts as a disability under the ADA
The federal Americans with Disabilities Act (ADA) protects qualified workers from discrimination because of a disability. It covers private employers with 15 or more employees, plus state and local governments. Federal employees have similar protection under the Rehabilitation Act.
The ADA defines a disability in three ways. You're protected if you have a physical or mental impairment that substantially limits a major life activity. You're also protected if you have a record of such an impairment, like cancer in remission. And you're protected if your employer treats you as if you have one, even if you don't.
To bring a claim, you must also be a "qualified" employee. That means you can do the essential functions of the job, with or without an accommodation. Conditions that qualify can include:
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Chronic illness, cancer, diabetes, epilepsy, and heart conditions.
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Back and joint injuries, and limits on walking, lifting, or standing.
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Hearing, vision, and speech impairments.
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Anxiety, depression, bipolar disorder, PTSD, and ADHD.
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Learning disabilities and intellectual disabilities.
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A past condition, such as a cancer diagnosis, that is now in remission.
Current illegal drug use isn't protected. Some conditions, like compulsive gambling, are also left out.
Reasonable accommodation and the interactive process
A reasonable accommodation is a change to your job or workplace that lets you do the essential parts of your work. You can ask in plain words. You don't have to say "ADA" or put it in writing, though a written request helps you prove it later. Common examples include:
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A modified or flexible schedule.
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Remote work on some or all days.
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Time off for treatment, therapy, or medical appointments.
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Unpaid leave when you have run out of other leave. Read about FMLA and CFRA leave for your other leave rights.
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A quieter workspace, a new chair, or special equipment.
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Removing tasks that aren't essential to the job.
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Reassignment to an open job you can do.
Once you ask, your employer must talk with you in good faith. That's the interactive process. If the need isn't obvious, the employer can ask for reasonable medical proof, but it can't demand your full medical history. A refusal to talk, or a quick "no," can be a failure to accommodate.
An employer can say no only if the change would cause an undue hardship. That means significant difficulty or expense. The employer must prove it. Courts look at cost, the company's size and money, and the effect on operations. A large company will have a hard time claiming that a modest request is too costly.
Mental health conditions at work
Mental health conditions are disabilities when they limit major life activities like concentrating, sleeping, or working with others. You don't need a hospital stay to qualify. Employers often treat anxiety or depression as a "performance problem" instead.
Signs of mental health discrimination include:
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Being passed over after you disclosed a diagnosis.
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Getting written up for symptoms or for treatment-related absences.
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Coworkers or managers joking about your "stability."
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A denied schedule change that others got.
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Your private health information shared with coworkers.
Accommodations might include a modified schedule for therapy, a quieter desk, written instructions, or extra breaks. Your employer can't penalize you for asking.
Proof in a failure to accommodate case
A failure to accommodate claim has three main parts. You must show you're a qualified person with a disability. You must show your employer knew about your need. And you must show a reasonable accommodation was available that wouldn't cause an undue hardship.
Courts split the burden of proof. In Snapp v. BNSF Railway (Ninth Circuit, 2018), the court held that the worker must show an accommodation was available. That was true even when the employer skipped the interactive process. The employer's failure to talk still matters. It can help you beat an early request to end your case. The lesson: name the change you want, ask in writing, and keep copies.
Helpful evidence includes doctor's notes and emails about your request. Save the employer's answer too. Note what happened to coworkers who asked for similar changes.
Retaliation and firing over a disability
Federal law bars retaliation against anyone who asks for an accommodation, even if the request is denied. Retaliation can look like worse reviews, fewer hours, a transfer, pressure to resign, or a firing. Employers also can't threaten you for using your rights.
Firing a worker over a medical condition often leads to more than one claim. Some cases include pregnancy discrimination when a pregnancy-related condition is involved.
How a disability discrimination lawyer helps you
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We review your medical notes, accommodation requests, reviews, and emails.
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We map out what the employer knew and when it knew it.
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We file your charge with the EEOC or the California Civil Rights Department and track every deadline.
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We negotiate with the employer's lawyers and sue when needed.
Many workers worry that a claim will expose private health details. A lawyer helps you share only what's needed.
Deadlines and what drives case value
You generally have 180 days from the discriminatory act to file an EEOC charge, or 300 days in California. After the EEOC sends a right-to-sue letter, you usually have 90 days to file in federal court.
Remedies can include back pay, front pay, emotional distress damages, punitive damages in serious cases, and attorney's fees. Federal law caps the emotional distress and punitive total based on the employer's size. Case value depends on:
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How much pay and benefits you lost, and how long it will take you to find work.
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Whether the employer ignored your requests or retaliated.
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The strength of your medical and written records.
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How badly the experience hurt you, shown by treatment records and witness accounts.
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Whether the employer's conduct was bad enough to support punitive damages.
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The employer's size and resources.
Be wary of online "average settlement" numbers, since they rarely show the facts behind them. Read how much you can get from a discrimination lawsuit for a clearer picture.
California adds more protection
California's Fair Employment and Housing Act (FEHA) covers employers with five or more employees. It also defines disability more broadly than federal law. It sets strong duties on the interactive process and accommodation. You also have three years to file with the Civil Rights Department. See California discrimination law and remedies.
When to call a disability discrimination lawyer
Call as soon as your employer denies a request or ignores it. Call if you're treated differently after you disclose a condition. Call before you resign, because quitting can make a claim harder. Call before you sign a severance agreement or return-to-work form. The sooner you call, the easier it is to save proof.
Why employees choose Kingsley Szamet
Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.
We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.
Frequently asked questions
What is a reasonable accommodation at work?
It's a change to your job or workplace that lets you do your essential duties. Examples include a flexible schedule, remote days, equipment, or leave. The employer must provide it unless it causes an undue hardship.
Does anxiety or depression count as a disability?
It can. A mental health condition counts when it limits a major life activity, like concentrating or working with others. You don't need a rare or severe diagnosis to qualify.
Can my employer fire me for taking medical leave?
Not for protected leave. Firing you for a covered leave or a reasonable accommodation can violate the ADA, the FMLA, or California law. Talk to a lawyer before you accept any termination papers.
How do I prove disability discrimination?
Show you're a qualified worker and your employer knew about your condition. Then show it denied an accommodation or treated you worse because of it. Doctor's notes, emails, and comparisons with coworkers help most.
Do I need a disability discrimination lawyer in Los Angeles?
You can file a charge on your own. A lawyer helps you present the proof and meet the deadlines. Kingsley Szamet represents employees in Los Angeles and across California.
How much does a disability discrimination attorney cost?
At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.
Contact Kingsley Szamet Employment Lawyers
Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.
