Costa Mesa Medical Condition Attorney

Your place of employment is a place you should feel welcome and able to thrive. If you have ever been discriminated against at your place of work due to a medical condition, a Costa Mesa medical condition attorney can help. Let our lawyers at The California Employment Counsel, APC, advocate on your behalf. Our attorneys are dedicated to workplace discrimination law and ensuring you have the same access to opportunities in the workplace as your coworkers.

Discrimination against an employee with a medical condition in the workplace is serious. Not only can it make the employee feel isolated or uncomfortable, but it can also hinder growth and opportunity in one’s career as well. Whether you’ve been denied leave for a medical condition, have not been given merit increases or promotions, or have otherwise been discriminated against, hire a medical condition attorney today to find out how we can help.

Medical condition discrimination is the act of treating an employee differently due to a medical condition or disability. Discrimination against a medical condition can manifest in many possible ways, including any unfavorable treatment of the employee. The termination of the employee and the failure to hire, promote, or increase the merit of the employee on the basis of the medical condition are all examples of medical condition discrimination.

Per a release by the Bureau of Labor Statistics in 2025, employment numbers for those with disabilities rose to 22.7% of the working population (people aged 16-64). While there are many factors to consider, like the Covid-19 pandemic creating a space for remote and hybrid work across many industries, there are two major laws that protect the rights of disabled workers in California.

The Americans with Disabilities Act (ADA) makes it illegal for an employer to discriminate against a qualified individual with a disability. This act defines a person with a disability as someone who:

• Has a physical or mental condition that limits major activities—those generally regarded as everyday life activities.
• Has a record of or is regarded as having said physical or mental condition.

Medical conditions or disabilities do not have to be permanent or extreme to qualify, nor does it have to be a physical ailment. There are many medical conditions protected under the ADA, including:

• ADHD, Autism, and personality disorders such as bipolar
• Physical ailments such as amputation or blindness
• Mental disorders and conditions such as OCD, PTSD, and depression
• Muscular or mobility impairments, such as MS or muscular dystrophy

Per this law, if you have any medical condition under the ADA, you can request reasonable accommodations.

Under the California Fair Employment and Housing Act (FEHA), employers of five or more employees are required to provide reasonable accommodation for any applicant or employee with a physical or mental disability, unless it would cause undue hardship. This act defines reasonable accommodation as:

• Changing job duties or schedule
• Providing leave for medical care
• Relocation of the work area, including remote options in some cases
• Providing mechanical or electrical aids

These accommodations should be provided first through what is called an “interactive process” where the applicant, employee, or the employer must request the reasonable accommodations either directly or through a third party. Per California law, an employer must engage with the interactive process in a timely manner and in good faith.

While there is no requirement for all reasonable accommodations to be formally documented, any documentation of the request, acceptance, or denial of the request, and agreements made between employee and employer will help our law firm build your case.

Under the FEHA, “medical conditions” are considered any condition related to cancer or characteristics that are associated with a risk of development of a disease, disorder, or disability. This includes both mental conditions, like anxiety or depression.

In a medical condition case against an employer, your Costa Mesa medical condition attorney will have to prove that you suffered or are actively suffering from a condition and prove that you were or are being discriminated against or did not receive reasonable accommodations for said condition.

It is important to know and understand your rights as an employee in California. The FEHA states that it is against the law for an employer to inquire about the nature of the employee’s medical condition. While an employee is free to volunteer what information they are comfortable sharing, the employer should never:

Ask for any examination of the medical condition prior to offering employment. If an examination is requested, it must be related to the nature of the business and must apply to all new hires.

• Indirectly or directly asking the applicant or employee if they have a medical condition
• Inquire about the nature of the medical condition

Of course, there is nuance in that employers can inquire about the applicant or employee’s ability to perform in the role.

There are many outcomes in a case involving medical condition harassment or discrimination. Depending on the nature of the case, the employee might seek damages, including, but not limited to:

• Monetary damages for emotional distress
• Reinstatement of a terminated role
• Hiring if the applicant was proven to have been denied the job due to discrimination
• Policy changes or updates at the place of employment
• Punitive damages

Whatever your unique case, our team of medical condition lawyers is here to answer your questions and advocate for your rights in the workplace. Our goal is to ensure you are able to live the life you have worked so hard to build.

While there are a number of courthouses located in the Orange County region, the nearest Superior Court of California is located at the Costa Mesa Justice Complex, 3390 Harbor Blvd. in Costa Mesa.

Your career should never be put on hold, stunted, or terminated because of bias against a medical condition or disability. If you feel you have been a victim of workplace medical condition discrimination, contact The California Employment Counsel, APC, and hire your Costa Mesa medical condition attorney today.