Disability Discrimination Attorney in Los Angeles, CA

Name: Disability Discrimination
Brand: Kesluk, Silverstein, Jacob & Morrison
Rating: 4.1 (58 reviews)

If you suspect disability discrimination in the workplace, you may be able to secure relief under state or federal law. Reach out to Kesluk, Silverstein, Jacob, & Morrison to learn more about whether you have a case against your former or current employer.

Disability Discrimination Overview

Experienced Los Angeles Lawyers Advocating For Disability Rights

Disabilities can be a challenging part of life, but they shouldn’t prevent anyone from doing a job for which they’re perfectly qualified and capable of doing. It’s unfortunately all too common to find that an employer has discriminated against one or more employees on the basis of disability. When this happens, the disability discrimination lawyers in Los Angeles at Kesluk, Silverstein, Jacob, & Morrison are here to help.

The Americans with Disabilities Act (ADA) requires covered entities, including private employers, to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability. This includes both applicants and employees unless such covered entity demonstrates the accommodation imposes an undue hardship.

Navigating a disability discrimination claim and subsequent lawsuit can be a complex and emotionally taxing experience. The talented disability discrimination attorneys at KSJM have a 30-year reputation for holding employers accountable and will offer you the guidance, support, and resources you need to earn the compensation you deserve.

Understanding Disability Discrimination in the Workplace

man in wheelchair at desk working on a laptop

Proving Disability Discrimination: A Step-by-Step Guide

In order to prove a case of disability discrimination on an unlawful termination claim, an employee must show that:

His or her employer is subject to the Americans with Disabilities Act
He or she suffers from a disability within the meaning of the ADA
He or she could perform the essential function of his or her job with or without reasonable accommodation
His or her employer discharged him/her because of the disability

Eligibility Criteria: Who Qualifies as an Individual with a Disability?

For the employee to be eligible to make a claim of disability discrimination under the ADA or the California Fair Employment and Housing Act (FEHA), he or she must be a “qualified individual with a disability.” This means, in other words, that the individual in question must be able to do the job for which they were hired.

A person with no hands, for instance, would perhaps not be qualified to be a typist. (For more information, see the below discussion on “reasonable accommodation.”) If an employer did not hire this individual to be a typist, it would not be considered discrimination. In this case, the individual would simply not be considered qualified for the job in question.

What Is the Difference Between Disability and Injury?

Describing a worker as being “with a disability” means that the worker is actually disabled. For an injury, disease, or ailment to be a “disability” under the law, it must “substantially limit one or more major life activities.” A mere annoyance is not enough; the individual’s disability must actually interfere with their daily life in a demonstrable way.

When determining whether a person actually has a disability or not, the courts pay close attention to whether the ailment has materially affected the person’s ability to perform their job and reasonably earn a living. This means that even if the disability does not affect most areas of one’s life, the courts are more likely to consider it a disability if it affects the person’s employment.

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From the moment I reached out to Kesluk, Silverstein, Jacob & Morrison, I felt like I had a powerhouse legal team in my corner. My case was emotionally intense and legally complex, and they navigated every phase with strategic precision, deep expertise, and heart.

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Legal Protection Against Perceived Disability Discrimination in Los Angeles

An employer cannot discriminate against a person they perceive to have a disability. Doing so is illegal. If the employee is not disabled, but the employer believes they are and discriminates against them, that is also illegal. In this circumstance, it is not necessary to determine if the employee is a “qualified individual” with a disability. The court may consider, however, whether or not the worker would have been a qualified individual if they actually had the disability that the employer perceived them to have. The law is not entirely clear on this issue.

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What Is Reasonable Accommodation for an Employee With a Disability?

“Reasonable accommodation” refers to a principle that states that if a person is disabled, the employer must consider whether or not a “reasonable accommodation” can be made. A “reasonable accommodation” is considered to have been made when the employer modifies the job duties, provides some extra help, or takes some other measure to ensure that the person can still perform the duties associated with the job.

An example of a reasonable accommodation might involve a person who uses a wheelchair and is applying for a job in an office located on the second floor of a building. If there are no elevators in the building, the employer could install an elevator…but this invites the question of whether or not it is reasonable to expect an employer to spend that kind of money, especially if it is just one small business.

There are, of course, numerous other possible scenarios in which a reasonable accommodation can be made. Perhaps the potential employee’s job, for example, really just involves talking on the telephone and selling products. This job, then, can reasonably be done from home without any need for the employee to even be in the office. Is it then reasonable to ask the employer to let the person work at home? It may be.

Why Choose the Disability Discrimination Lawyers at Kesluk, Silverstein, Jacob, & Morrison in Los Angeles?

Workplace disability discrimination can affect your livelihood, dignity, and long-term security, making early legal guidance essential. For more than 30 years, Kesluk, Silverstein, Jacob & Morrison has represented California employees facing discrimination, retaliation, and unfair treatment on the job. Our disability discrimination attorneys in Los Angeles are committed to holding employers accountable when they fail to provide equal opportunities or reasonable accommodations, and we bring decades of focused employment law experience to every case.

Our firm has earned recognition that reflects our dedication to employee advocacy, including:

Induction into the Million Dollar Advocates Forum
Membership in the California Employment Lawyers Association and the Consumer Attorneys Associations of California and Los Angeles
Recognition by The Daily Journal as top labor and employment attorneys in California
Honors as Super Lawyers and Super Lawyers Rising Stars

Our attorneys can evaluate your workplace discrimination situation, explain your protections under California law, and help you pursue accountability. If you believe you’ve been discriminated against because of a disability, contact Kesluk, Silverstein, Jacob & Morrison at (310) 997-4431 to learn how we can help.

Disability Discrimination FAQs

Can an employer ask about an applicant’s disability during the interview?

If an employer believes an applicant with a disability will be a safety risk, can they refuse to hire them?

What does the interactive process involve?

Is ADHD considered a disability in California?

What should I do if I was fired because of my disability?

Can an employer require an employee to have a medical examination?

How long do I have to file a disability discrimination claim in Los Angeles, CA?

Can an employer ask about an applicant’s disability during the interview?

Generally, no. Under California law, employers may not ask whether an applicant has a disability or inquire about medical conditions during the interview process. Employers may ask whether you can perform the essential functions of the job, with or without reasonable accommodation, but questions about diagnoses or disabilities are prohibited.

If an employer believes an applicant with a disability will be a safety risk, can they refuse to hire them?

Only in very limited circumstances. An employer must show that the individual poses a direct threat—a significant risk of substantial harm that cannot be reduced or eliminated with reasonable accommodation. Speculation, assumptions, or stereotypes about a disability are not valid reasons to refuse to hire someone.

What does the interactive process involve?

The interactive process is a good-faith dialogue between the employer and employee to identify reasonable accommodations. It typically includes discussing job duties, the employee’s limitations, and possible accommodations that would allow the employee to perform essential functions. Employers are required to participate meaningfully in this process.

Is ADHD considered a disability in California?

It can be. ADHD may qualify as a disability under California law if it substantially limits one or more major life activities, such as concentrating, thinking, or working. When it qualifies, employees may be entitled to reasonable accommodations.

What should I do if I was fired because of my disability?

You should document what happened, gather any relevant emails or performance reviews, and speak with an experienced employment attorney as soon as possible. Our attorneys at Kesluk, Silverstein, Jacob & Morrison can evaluate whether your termination violated California disability discrimination laws and advise you on the next steps.

Can an employer require an employee to have a medical examination?

In most cases, no. An employer may only require a medical examination if it is job-related and consistent with business necessity—such as when there is objective evidence that an employee may be unable to perform essential job duties or may pose a direct safety risk.

How long do I have to file a disability discrimination claim in Los Angeles, CA?

Under California law, you generally have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD). Missing this deadline may prevent you from bringing a claim, so it’s important to speak with our team as soon as possible to protect your rights. While three years may seem like plenty of time, contacting an attorney early helps preserve important evidence, secure witness statements, and address the claim while the details are still fresh—when cases are often strongest.