Medical Discrimination
Medical Condition Discrimination at Work: A Guide for California Employees
Medical condition discrimination can occur when an employer treats an applicant or employee unfavorably because of a protected medical condition, disability, or related protected status rather than for legitimate job-related reasons.
It can appear at different points in the employment relationship, from questions asked during hiring to changes in scheduling, assignments, promotion opportunities, discipline, or termination after an employer learns about a health issue.
One important point is often missed: California employment law does not use "medical condition" as a catch-all term for every illness or health issue. Medical condition, physical disability, and mental disability are separate legal categories, although they can overlap.
What Medical Condition Discrimination Means Under California Law
California's Fair Employment and Housing Act prohibits covered employers from discriminating in hiring, discharge, compensation, and other terms or conditions of employment because of protected characteristics that include medical condition, physical disability, mental disability, and genetic information.
The current statutory protections are found in California Government Code Section 12940. California's Civil Rights Department is the state agency responsible for enforcing FEHA.
Medical Condition and Disability Are Related but Distinct
Under California Government Code Section 12926, the legal term "medical condition" has a specific meaning. It includes health impairments related to or associated with a diagnosis or history of cancer and certain genetic characteristics.
Physical and mental disabilities are defined separately and much more broadly. A physical or mental condition can qualify when it limits a major life activity, with California interpreting "limits" broadly.
That distinction matters because a health issue that people casually call a "medical condition" may legally be analyzed as a physical disability, mental disability, medical condition, or more than one category.
For a broader overview of the categories JLG handles, see our medical and disability discrimination page.
Where Medical and Disability Discrimination Can Show Up at Work
Discrimination connected to a medical condition or disability can take many forms. Examples may include:
- Refusing to hire a qualified applicant because of a protected medical condition or disability
- Changing an employee's schedule, duties, or responsibilities after learning about a health issue
- Excluding an employee from projects, training, or advancement opportunities
- Denying a promotion for reasons connected to a protected condition or disability
- Reducing hours, compensation, or benefits because of a protected condition or disability
- Taking disciplinary action because of assumptions about what an employee can or cannot do
- Failing to properly address a request for workplace changes related to a disability
- Terminating an employee after learning about a condition or after the employee requests an accommodation
Timing alone does not establish discrimination. The sequence of events, the employer's stated reason, the employee's performance history, and how similarly situated employees were treated can all matter.
For a separate discussion focused specifically on evidence, see How to Prove Disability Discrimination.
Reasonable Accommodation and Medical Conditions
Reasonable accommodation is especially important when a health issue qualifies as a physical or mental disability under California law.
California requires employers with five or more employees to provide reasonable accommodation for applicants and employees with physical or mental disabilities unless the accommodation would impose an undue hardship. The California Civil Rights Department's reasonable accommodation guidance provides current examples and information about this requirement.
Depending on the job and the employee's limitations, possible accommodations can include:
- Changing or modifying job duties
- Adjusted or reduced work schedules
- Leave for medical care or recovery
- Modified equipment or workspace
- Changes to workplace policies where appropriate
- Reassignment to an available position when appropriate
An employer does not have to provide an accommodation that would create an undue hardship. California law considers factors such as the nature and cost of the accommodation, the employer's financial resources, its size, and the nature of its operations.
The Interactive Process
California also requires a timely, good-faith interactive process when an employee or applicant with a known physical disability, mental disability, or medical condition requests reasonable accommodation.
The interactive process is intended to identify the employee's work-related limitations and explore effective options. It does not require a particular form, and an employer should not simply ignore an accommodation request or leave it unresolved indefinitely.
The specific accommodation ultimately required depends on the employee's circumstances, the essential functions of the job, and whether the proposed accommodation would create an undue hardship.
What Can an Employer Ask About Your Health?
California limits medical and disability-related questions and examinations, but the rules depend on where someone is in the employment process.
Before a Job Offer
Before making an employment offer, an employer generally cannot require a medical or psychological examination or ask whether an applicant has a physical disability, mental disability, or medical condition.
An employer may ask whether an applicant can perform job-related functions and may respond to an applicant's request for reasonable accommodation.
After a Job Offer
After an employment offer has been made but before work begins, California law permits certain medical or psychological inquiries or examinations when the statutory requirements are satisfied, including that entering employees in the same job classification are treated consistently.
During Employment
Once someone is employed, an employer generally may require a medical examination or make medical inquiries only when the employer can show that the examination or inquiry is job-related and consistent with business necessity, subject to other lawful exceptions.
Federal law also places limits on disability-related questions and medical examinations. The EEOC's guidance on medical questions and examinations provides a useful federal overview.
Who Is Covered by California Medical and Disability Discrimination Laws?
California FEHA generally applies to employers with five or more employees for employment discrimination purposes. The federal Americans with Disabilities Act generally applies to covered employers with 15 or more employees.
Because California's threshold is lower and its disability definitions can be broader, an employee may have protection under California law even when the federal ADA does not apply.
FEHA also regulates employment agencies, labor organizations, and certain employment-related training programs in circumstances covered by the statute.
How JLG Lawyers Approaches Medical and Disability Discrimination
JLG Lawyers represents California employees, not employers. Medical and disability discrimination matters can involve hiring decisions, denied accommodations, changes in working conditions, retaliation, or termination.
Founder Michael Jaurigue previously worked in defense litigation before dedicating his practice to representing employees. Co-founder and CEO Alex Tieu brings a background in technology, real estate, and operations. Those perspectives contribute to how the firm evaluates workplace disputes, employer explanations, and the practical effect an employment decision has on a worker.
Some medical and disability issues are covered in more detail elsewhere on the site. Employees dealing specifically with mental health discrimination at work can review that guide, while employees whose employment ended after a disclosure can read Fired After Disclosing a Medical Condition.
Frequently Asked Questions
What Is Medical Condition Discrimination at Work?
In everyday conversation, "medical discrimination" is often used broadly for unfavorable treatment connected to an employee's health. Under California FEHA, however, "medical condition" is a specific legal term covering cancer-related health impairments or history and certain genetic characteristics. Other health issues may instead qualify as physical or mental disabilities.
Is a Medical Condition the Same as a Disability Under California Law?
No. California defines medical condition, physical disability, and mental disability separately. Physical and mental disability are broader categories and can cover many conditions that limit a major life activity. A particular health issue may fall within one category or more than one.
What Counts as a Reasonable Accommodation?
For an employee or applicant with a qualifying disability, reasonable accommodation can include changes such as modified duties, adjusted schedules, medical leave, equipment changes, policy adjustments, or reassignment to an available position. What is reasonable depends on the person's limitations, the essential functions of the job, and whether the accommodation would impose an undue hardship.
Can an Employer Ask About My Medical Condition During an Interview?
Before a job offer, California generally restricts employers from asking whether an applicant has a physical disability, mental disability, or medical condition or from requiring a medical examination. Employers can ask whether an applicant can perform job-related functions and can discuss accommodation when appropriate.
Can My Employer Ask for Medical Information After I Am Hired?
During employment, medical or disability-related inquiries and examinations generally must be job-related and consistent with business necessity. Medical information may also be relevant when an employee requests an accommodation and appropriate documentation is needed.
Does My Employer Have to Accommodate Every Health Condition?
Not automatically. California's reasonable accommodation duty is tied principally to physical and mental disabilities. Whether a particular health condition qualifies, what accommodation is effective, and whether it would impose an undue hardship depends on the circumstances.
What Is the Interactive Process?
The interactive process is a timely, good-faith discussion between the employer and employee or applicant about possible reasonable accommodations. California law expressly addresses this process for known physical disabilities, mental disabilities, and medical conditions.
Learn More About Your Options
The California Civil Rights Department publishes its current employment discrimination complaint process for people who want official information about the state's administrative process.
If you believe a medical condition or disability affected how you were treated at work, book a free consultation with JLG Lawyers to discuss your situation.
This article provides general information about California employment law and is not legal advice. Laws and procedures can change, and outcomes depend on individual circumstances.