Can My Employer Fire Me for Having a Disability?

TL;DR

Can my employer fire me for having a disability? In many cases, California and federal law protect employees from being fired because of a disability or for asking for a reasonable accommodation. In this article, we explain when a disability-related firing may be unlawful and what you can do if you believe you were treated unfairly because of your disability.

Losing your job after telling your employer about a disability can leave you with many questions. If you were fired after disclosing disability or after asking for a reasonable accommodation, you may wonder if your employer broke the law.

At Blair & Ramirez LLP, we represent employees who believe they were fired because of a disability. We look at what happened before you were fired, what you told your employer, whether you asked for an accommodation, and what reason your employer gave for the termination.

California law protects employees from disability discrimination under the Fair Employment and Housing Act (FEHA). The federal Americans with Disabilities Act (ADA) also protects many qualified employees with disabilities. FEHA generally applies to employers with five or more employees. The ADA generally applies to employers with 15 or more employees.

Generally, an employer cannot fire a qualified employee simply because of a disability. California law protects employees from disability discrimination in hiring, firing, pay, promotions, job duties, and other parts of employment. The law can also protect you if your employer believes you have a disability, even if you do not have a formal diagnosis.

This does not mean every firing involving a disabled employee is illegal. An employer can still take action for a valid reason that has nothing to do with a disability. The key question is whether your disability played a part in the decision and whether your employer followed the law. At Blair & Ramirez LLP, we look at what happened before the termination, what your employer knew about your disability, and the reason given for the firing. We use those facts to help determine whether your rights may have been violated.

The timing of a firing can be important when you are looking at possible disability discrimination. For example, you may have worked for years without major problems. Then you tell HR about a medical condition or ask for a reasonable accommodation. Soon after that, your employer may start questioning your work, change your duties, discipline you, or fire you. The timing alone does not prove discrimination. But it can be one part of the facts that need to be looked at.

At Blair & Ramirez LLP, we look at what happened before and after you told your employer about your disability. If you were fired after disclosing a disability, keep emails, letters, performance reviews, accommodation requests, work restrictions, and messages from your employer. These records can help show what happened and when it happened. They may also help show whether your employer’s explanation for the firing changed after you disclosed your disability.

Sometimes you need a change at work because of a disability. You may need a different schedule, time off for medical care, different equipment, or a change in your duties. California law generally requires employers with five or more employees to provide reasonable accommodations for employees with disabilities unless the change would be too difficult or costly for the employer. Employers also have to talk with employees about possible accommodations when a need for one comes up.

The right accommodation depends on your job and your disability. It could be a schedule change, medical leave, different duties, or a change to your work area. Your employer should not ignore your request without discussing your options. At Blair & Ramirez LLP, we look at what you asked for, how your employer responded, and what happened after that. This can help us understand whether your employer followed the law.

Disability discrimination continues to show up in workplace complaints and cases. In FY2025, the U.S. Equal Employment Opportunity Commission reported 35 lawsuits with ADA claims. Of those cases, 21 involved discharge or constructive discharge and 24 involved reasonable accommodation claims. These numbers show that disability cases can involve both losing a job and problems with getting an accommodation.

California data show the same types of issues. The California Civil Rights Department reported 14,430 disability-related bases in employment right-to-sue complaints in 2024. It also listed 8,288 bases involving a requested or used disability-related accommodation. These numbers are not proof that discrimination happened in every case. They show that disability and accommodation issues continue to appear in employment complaints. At Blair & Ramirez LLP, we help employees understand their rights when they believe they have faced disability discrimination or wrongful termination.

Your employer may say you were fired because of poor work, attendance, breaking a rule, or another problem. That reason should be looked at along with what happened before you were fired. For example, if you had good reviews for years and problems started after you told your employer about your disability or asked for an accommodation, that timing may be important. It can also help to look at how your employer treated other workers who were accused of similar problems.

At Blair & Ramirez LLP, we look at emails, work records, accommodation requests, and other information that can help explain what happened. A person is not automatically protected from being fired just because they have a disability. But an employer cannot use another reason to hide disability discrimination. We look at the facts to see if your disability played a role in the decision. California law recognizes that disability can be one factor in an employment decision for a discrimination claim.

• Having a disability does not by itself give an employer a reason to fire you.
• California law protects employees from disability discrimination.
• Asking for a reasonable accommodation may give you added legal protection.
• Keep emails, messages, and other records about what happened.
• If you were fired soon after telling your employer about a disability, the timing may be important.
• At Blair & Ramirez LLP, we help California employees understand their rights in disability discrimination cases.

Start by saving your work records. Keep your termination letter, emails, texts, performance reviews, attendance records, accommodation requests, and messages from HR. Write down important dates while you still remember them. This can include when you told your employer about your disability, when you asked for an accommodation, what your employer said, and when you were fired. Do not delete or change work records. Even a conversation you had with your employer can be important.

California’s Civil Rights Department allows employees to file disability discrimination complaints. In general, you have three years from the date of the discrimination to file a complaint with CRD. Other claims may have different deadlines. If you believe you were wrongfully terminated due to disability, we can help you understand your rights and your options. At Blair & Ramirez LLP, we review what happened and whether your employer may have broken California or federal law. Contact us here if you want to discuss your situation with our team.