Disability Discrimination Lawyer

When a Medical Condition Changes the Employment Relationship

I represent employees in San Diego and throughout California in high-value cases involving disability discrimination, particularly where requests for accommodation or medical leave lead to termination or other significant adverse action.

These cases often arise when an employee develops a medical condition and the employer’s response begins to change. Many workplace disputes involving minor disagreements or limited impact are not well suited for litigation.

An employee may continue performing their job, request modest adjustments, or take protected leave. Over time, however, they may begin to experience increased scrutiny, reduced responsibilities, or termination.

The issue is not simply the existence of a medical condition, but how the employer responds to it.

What Qualifies as Disability Discrimination

Disability discrimination can take several forms, particularly where the issue ultimately leads to termination or significant adverse action.

It may include:

  • refusal to provide reasonable accommodation

  • adverse treatment after disclosure of a condition, particularly where it leads to termination

  • negative action following medical leave

  • failure to engage in an interactive process

In many situations, the employee remains capable of performing their job, with or without reasonable adjustments, but is treated differently after raising those needs.

👉 Related claims: wrongful termination

Requests for Accommodation

In many cases, the turning point is a request for accommodation.

That request may involve:

  • modified schedules

  • temporary leave

  • changes in duties

  • adjustments during treatment or recovery

Employers are required to respond appropriately, but disputes often arise over how the request was handled and whether the response was adequate. These disputes often become significant when the request is followed by a measurable change in treatment or termination.

👉 See this situation: requested accommodation and were fired

What Often Happens After Disclosure or Leave

After a condition is disclosed or accommodation is requested, the work environment may begin to shift.

Examples include:

  • increased monitoring or scrutiny

  • negative or unexpected performance evaluations

  • reassignment of duties

  • exclusion from projects or decision-making

Termination may follow weeks or months later, often after a period of changing expectations or increased scrutiny.

The sequence of events, and how closely those events follow the request, is often central to evaluating the claim.

Retaliation and Disability-Related Claims

Many disability cases also involve retaliation.

An employee who requests accommodation or asserts their rights may experience adverse action shortly afterward, often culminating in termination. In these situations, the analysis often overlaps with retaliation principles.

Key questions include:

  • whether treatment changed after the request

  • whether the employer’s explanation is consistent

  • whether similarly situated employees were treated differently

👉 See how these cases are analyzed: how retaliation cases are proven

Evidence and Documentation

Documentation is often critical.

Relevant evidence may include:

  • communications regarding accommodation requests

  • records of medical leave

  • performance evaluations and internal documentation

  • timelines showing when requests and adverse actions occurred

Cases frequently turn on whether these facts can be shown clearly and consistently. Cases are often evaluated based on whether the employer’s response aligns with these records or departs from them without a clear explanation.

When a Disability Case Becomes Strong

Not every workplace issue involving a medical condition results in a viable claim.

Stronger cases often involve:

  • a clear request for accommodation or disclosure of a condition

  • a change in treatment following that request

  • close timing between the request and adverse action

  • documented performance history before the issue arose

  • termination or measurable career impact

Cases involving termination, clear documentation, and measurable damages are generally the strongest.

Case Evaluation

If you were terminated or experienced a significant change in treatment after requesting accommodation, taking medical leave, or disclosing a medical condition, the next step is to evaluate the facts.

Each matter is reviewed carefully to determine whether it can be supported by evidence and whether it is a strong fit for litigation.