Disability Discrimination and Retaliation in California

Disability Discrimination and Retaliation in California: Lessons from Lampkin v. County of Los Angeles

Disability discrimination and retaliation in California workplaces are some of the most damaging violations an employee can face. Careers stall, reputations suffer, and financial stability is put at risk when employers deny accommodations or punish workers for asserting their rights. California’s Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate against employees because of a disability or to retaliate when they request reasonable accommodations. Despite this, many companies mask unlawful conduct as routine “business decisions.” Employees need to understand that FEHA gives them powerful protections and the right to hold employers accountable.

A recent California Court of Appeal decision, Lampkin v. County of Los Angeles, shows how disability discrimination and retaliation claims can succeed when an employee challenges those excuses and holds an employer accountable.

I’m Matt Ruggles, and I’ve been representing California employees for more than 30 years in unpaid wage and wrongful termination claims. I also have decades of experience litigating disability discrimination and retaliation cases under California’s FEHA. If you believe your employer has treated you unfairly because of a disability, or punished you for standing up for your rights, this recent Court of Appeal case is worth knowing about.

I’ve broken down the decision so you can understand what happened, why it matters, and what it could mean for your own situation if you are facing disability discrimination or retaliation in California.

Understanding Disability Discrimination and Retaliation in California

Before we get into the details of the Lampkin case, it’s important to understand what these legal terms actually mean under California law.

What Counts as Disability Discrimination in California Workplaces?

In California, disability discrimination occurs when an employer treats an employee unfairly because of a physical or mental disability, medical condition, or a perceived disability. Under the Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations that allow disabled employees to perform their essential job duties, unless doing so would cause an undue hardship. Denying accommodations, refusing to hire, demoting, or firing someone because of their disability are all forms of illegal discrimination.

If you’re a disabled employee in California and your doctor’s note puts you on indefinite medical leave, you need to know the risks because employers often use indefinite leave as a reason to terminate, and my blog Indefinite Medical Leave: Can My Employer Terminate Me? explains what you should watch out for.

What Is Retaliation Under California Employment Law?

Retaliation happens when an employer punishes an employee for exercising their legal rights. In the disability context, this often means adverse actions, such as termination, demotion, or negative performance reviews, taken because the employee requested an accommodation, reported discrimination, or filed a complaint with a government agency. FEHA makes it illegal for employers to retaliate against workers for standing up for their rights.

To understand whether being fired after filing a complaint is considered wrongful termination in California, read my blog Is Being Fired After Filing a Complaint Considered Wrongful Termination?

Knowing these definitions will make it easier to see how the facts of Lampkin fit into California’s legal protections for employees facing disability discrimination and retaliation.

Lampkin v. County of Los Angeles: Disability Discrimination Case Overview

Mr. Lampkin worked as a Detention Services Officer (DSO) for the Los Angeles County Probation Department. In 2014, he was assaulted by a detainee and sustained injuries that required surgery. Afterward, he returned to work but had permanent medical restrictions, including limits on bending, stooping, and prolonged standing.

Lampkin alleged that the County failed to provide reasonable accommodations for his disability. He requested modified duty and ergonomic adjustments, but those requests were delayed or denied. He also claimed supervisors made comments questioning his ability to do the job and pressured him to perform tasks beyond his medical restrictions.

In addition to his disability claims, Lampkin alleged retaliation. He argued that once he filed internal complaints and sought accommodations, the County began giving him negative performance reviews and ultimately removed him from his position.

The County denied wrongdoing and sought to dismiss the case through a motion for summary judgment. The trial court agreed and dismissed Lampkin’s claims. However, on appeal, the California Court of Appeal found that there were factual disputes, particularly about whether the County’s stated reasons for its actions were legitimate or merely a pretext for discrimination and retaliation. The appellate court reversed in part, allowing Lampkin’s disability discrimination, failure to accommodate, and retaliation claims to proceed toward trial.

Key Legal Issues in the Lampkin Disability Discrimination and Retaliation Case

Legal Issue #1: Was I Discriminated Against Because of My Disability in California?

The core question was whether the County treated Lampkin unfairly because of his disability. California’s FEHA makes it illegal for an employer to take negative actions, such as demotion, denial of opportunities, or termination, if those actions are motivated by an employee’s physical or mental disability. In other words, did Lampkin’s medical condition become the real reason behind the County’s decisions?

Legal Issue #2: Did My Employer Fail to Provide Reasonable Accommodations?

FEHA requires employers to provide “reasonable accommodations” that allow disabled employees to keep performing their essential job duties, unless doing so would create an undue hardship. This could mean modifying schedules, reassigning tasks, or providing assistive equipment. The issue here was whether the County actually made good-faith efforts to work with Lampkin or whether they brushed aside his requests and left him without the tools he needed to do his job.

Legal Issue #3: Did My Employer Retaliate Against Me for Requesting Accommodations?

Under FEHA, it’s illegal for an employer to retaliate against an employee for standing up for their rights. That includes requesting accommodations, complaining about discrimination, or filing formal complaints. The question was whether the County punished Lampkin for asserting those rights: for example, by treating him worse, creating a hostile environment, or pushing him out of his position once he spoke up.

Court of Appeal’s Decision in the Lampkin Case

The Court of Appeal reversed in part, meaning some of Lampkin’s claims could go forward to trial. The court ruled that there were factual disputes about the County’s motives: whether their stated reasons for their actions were legitimate or just a pretext for discrimination or retaliation.

Why This Disability Discrimination and Retaliation Decision Matters for California Employees

This decision is important for employees because:

• You Can Challenge Employer Excuses: If evidence suggests your employer’s “neutral” reason for an action is false, you may have a case.
• Accommodation Requests Are Protected: FEHA makes it illegal to retaliate against employees for requesting reasonable accommodations.
• Appeals Can Revive Cases: Even if a judge initially rules against you, an appeal may give you another chance.

Common Employer Defenses in Disability Discrimination and Retaliation Cases

When California employees bring disability discrimination or retaliation claims, employers often respond with familiar defenses. Two of the most common are:

Employer Defense #1: “Undue Hardship”

Employers may argue that providing a reasonable accommodation would create an undue hardship: meaning it would be too costly, disruptive, or burdensome to the business. Under California’s Fair Employment and Housing Act (FEHA), this defense requires more than vague claims about inconvenience. Employers must prove that the accommodation would cause significant difficulty or expense, not just minor adjustments.

Employer Defense #2: “Performance Problems”

Another frequent defense is blaming the employee’s job performance rather than acknowledging discrimination. Employers may suddenly point to alleged mistakes, missed deadlines, or attitude issues after an employee requests accommodations or reports discrimination. These claims often appear as a pretext to cover unlawful retaliation.

Why Employees Shouldn’t Accept Employer’s Explanations at Face Value

Just because your employer says your request creates an undue hardship, or insists your termination was about performance, doesn’t make it true. Courts look closely at timing, documentation, and credibility. If negative treatment followed soon after you requested accommodations or filed a complaint, that sequence often strengthens a retaliation claim. Employees should never assume the employer’s first explanation is the full story.

Steps California Employees Should Take if Facing Disability Discrimination or Retaliation

Follow this step-by-step plan. It is practical, fast, and built for disability discrimination and retaliation in California under FEHA.

Step 1: Capture the facts immediately

• Start a dated log of what happened, who was involved, and where it occurred.
• Save proof: schedules, job descriptions, policies, emails, texts, performance reviews, write-ups.
• Keep everything in one folder. Screenshots are fine. Name files by date.

Step 2: See your health care provider and get clear work restrictions

• Ask for a letter that states diagnosis category (not your full history), functional limits, and expected duration.
• Request a short list of reasonable accommodations tied to your restrictions.
• Keep copies. You will use this to open the “interactive process.”

Step 3: Request reasonable accommodations in writing

• Email HR or your supervisor. Subject: “FEHA Accommodation Request.”
• State your limits, the essential job functions you can perform with help, and 2–3 concrete accommodations.
• Ask for an interactive meeting within 7 to 10 days.
  Quick template:
  “ I am requesting reasonable accommodations under FEHA (Gov. Code §§12926, 12940). My restrictions are [summary]. I can perform the essential functions with the following accommodations: [list]. Please schedule an interactive meeting.”

Step 4: Prepare for the interactive process meeting

• Bring your restrictions, a printed job description, and your proposed accommodations.
• Ask the employer to identify the essential functions and to explain any undue hardship claim.
• Offer alternatives. Document agreements by sending a same-day recap email.

Step 5: Document the employer’s response

• Save approvals, denials, delays, and any changes to your duties or schedule.
• If you are told to work outside your restrictions, reply in writing that you will follow medical limits and propose a safe alternative.
• Track missed breaks, reassignment, schedule cuts, or discipline after your request. Retaliation is illegal under FEHA (Gov. Code §12940).

Step 6: Use internal complaint channels

• File a formal complaint with HR if discrimination or retaliation continues.
• Reference FEHA and your prior requests, list dates, and attach proof.
  Quick line: “I am reporting disability discrimination and retaliation in violation of FEHA based on the attached timeline and documents.”

Step 7: Protect related leave rights

• Ask whether CFRA or FMLA applies. Leave can be a reasonable accommodation when time off is medically necessary.
• Get approvals in writing and track return-to-work dates and restrictions.

Step 8: Do not resign or sign away rights without advice

• Do not quit, transfer, or accept a demotion until you speak with counsel.
• If asked to sign a write-up, note “received, not agreeing,” then add a written rebuttal with facts.

Step 9: Build your damages file

• Keep pay stubs, bonus plans, benefit summaries, out-of-pocket expenses, and job search records.
• Maintain a simple spreadsheet: lost hours, lost pay, medical costs, mileage, and dates.

Step 10: Talk to a California employment lawyer early

• Bring your timeline, medical restrictions, emails, write-ups, and pay records.
• Ask about strategy: accommodations, retaliation exposure, settlement leverage, and litigation timing.

If you’ve experienced disability discrimination or retaliation in California, don’t wait. Contact the Ruggles Law Firm today to discuss your case with an experienced California employment lawyer.

Benefits of Filing a Disability Discrimination or Retaliation Lawsuit in California

Benefit #1: Recover Lost Wages

When disability discrimination and retaliation in California cost you your job, the financial damage can be immediate and severe. A lawsuit under FEHA can help you recover back pay for wages you lost after termination or demotion. It can also cover “front pay” – the income you would have earned in the future had you not been unlawfully pushed out. This ensures you are compensated for both short-term and long-term financial harm.

Benefit #2: Get Your Job Back

In certain cases, California courts have the power to order reinstatement. That means you may be able to return to the same position, or an equivalent one you were wrongfully denied. For many employees, this is not just about a paycheck but about restoring their reputation, seniority, and benefits. Standing up to disability discrimination and retaliation is not only about money; it can also be about reclaiming your career.

Benefit #3: Hold Employers Accountable

Employers often claim their actions are “legitimate business decisions,” but FEHA allows employees to challenge those excuses. By filing a disability discrimination and retaliation claim in California, you force your employer to face legal scrutiny and justify their actions. Successful lawsuits send a clear message that retaliation and discriminatory practices will not be tolerated, which can help protect not only your rights but also those of your coworkers.

Benefit #4: Emotional Distress Damages

The harm caused by disability discrimination and retaliation goes far beyond lost income. California law recognizes the emotional toll of being unfairly targeted because of a disability or punished for standing up for your rights. A lawsuit can compensate you for the anxiety, stress, humiliation, and damage to your well-being that result from your employer’s unlawful conduct. These damages hold employers responsible for the full scope of harm they cause.

FAQs About Disability Discrimination and Retaliation in California

What qualifies as a “reasonable accommodation” under disability discrimination and retaliation laws in California?

A reasonable accommodation is any change to your job duties or work environment that allows you to perform your essential functions, so long as it doesn’t cause your employer undue hardship. Denying these accommodations can be a form of disability discrimination in California.

Can I be fired for requesting a reasonable accommodation under California’s disability discrimination and retaliation laws?

No. Terminating an employee for requesting an accommodation is considered retaliation, which is illegal under California’s Fair Employment and Housing Act (FEHA).

If your leave of absence ended with your employer terminating you and you’re wondering whether that amounts to disability discrimination in California, read my blog My Leave of Absence Ended in Termination. Was this Discrimination?

What evidence helps prove a disability discrimination and retaliation claim in California?

Strong evidence includes emails, written accommodation requests, witness statements, medical documentation, and records showing that your employer treated you differently after you asserted your rights. This type of evidence can support both a disability discrimination claim and a retaliation claim.

How long do I have to file a disability discrimination and retaliation claim in California?

You must file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory or retaliatory act. Acting quickly is essential to preserve your claim.

Can my employer claim “undue hardship” to deny accommodations?

Employers in California sometimes argue that providing an accommodation would cause an “undue hardship.” Under FEHA, undue hardship means significant difficulty or expense when considering the employer’s size, resources, and the nature of the accommodation. But the bar is high. Minor inconvenience, added paperwork, or slight costs do not qualify. An employer must prove that an accommodation would truly disrupt operations or impose unreasonable financial burdens. Employees should not accept “undue hardship” at face value because many accommodations are inexpensive or simple, like modified schedules, assistive equipment, or temporary light-duty assignments. If your employer refuses accommodations on this basis, it’s often worth consulting an employment lawyer to test whether that defense really holds up.

What if my employer says termination was a “business decision”?

A common tactic in disability discrimination and retaliation cases is for employers to say that termination was simply a “business decision.” This explanation might sound neutral, but under FEHA, a business reason cannot mask unlawful motives. If you were fired shortly after requesting an accommodation, taking medical leave, or filing a complaint, the timing itself can be evidence of retaliation. Employers may try to frame discrimination as poor performance, restructuring, or cost-cutting. Courts look beyond the label and ask: would this decision have been made if the employee did not have a disability or had not engaged in protected activity? Employees should be cautious about accepting the “business decision” explanation without scrutiny. A qualified employment attorney can evaluate whether the stated reason is pretext for discrimination or retaliation.

Final Thoughts from Matt Ruggles about Disability Discrimination and Retaliation in California

The Lampkin decision shows that California employees with disabilities have strong legal protections. If you’ve been denied accommodations, treated unfairly because of your disability, or retaliated against for speaking up, you may have a claim under FEHA.

If you believe your rights have been violated, talk to an experienced California employment lawyer before you give up because your case may be stronger than your employer wants you to think.

Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit

Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.

Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.

Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.