California’s Diabetes Discrimination Laws: What Employers Cannot Do Under FEHA

Akopyan Law Firm, A.P.C. Insights Team2025-07-31T14:17:03+00:00

📌 Key Takeaways FEHA Offers Broader Protections Than Federal Law: California’s Fair Employment and Housing Act (FEHA) may provide greater protection than the federal ADA by applying a more inclusive definition of disability and requiring a proactive, individualized approach from employers. Diabetes-Related Discrimination May Violate State Law: Employment decisions such as termination, demotion, or denial of promotion that are tied to a diabetes diagnosis could potentially violate Government Code §12940(a), especially if causation is established. Reasonable Accommodations Must Be Seriously Considered: Employers in California may be required to engage in a good faith, interactive process and assess accommodation requests on an individualized basis, rather than rely on general policies or assumptions. Retaliation and Hostile Environments Are Also Covered: FEHA may prohibit employers from punishing employees for asserting their rights, including requesting accommodations, and from fostering conditions that could lead to constructive discharge. Legal Outcomes Depend on Specific Facts and Context: Whether conduct constitutes a violation often depends on the causal connection between the employer’s action and the employee’s condition or protected activity—evaluated by the trier of fact. This article offers information on how California law may protect employees with diabetes from specific types of employer conduct. For those navigating chronic medical conditions in the workplace, the full content can provide critical context and legal understanding. Managing a chronic health condition like diabetes while working in a demanding professional environment can be daunting. When medical needs intersect with job responsibilities, questions about legal rights may arise—especially when an employer's actions feel unfair. California law, particularly the Fair Employment and Housing Act (FEHA) under Government Code §12900 et seq., may provide legal protections for employees with diabetes under specific circumstances. This article outlines three categories of potentially prohibited employer conduct under FEHA, relevant to employees managing diabetes. While general in nature, this information may help individuals better understand how California law could apply in employment contexts involving disability-related concerns. California laws are subject to change. Individuals should verify current legal standards before making employment decisions or assumptions based on this information.   What Constitutes Direct Discrimination Under California Law? FEHA prohibits employers from discriminating against an employee because of a physical disability, which may include diabetes when it makes it difficult to engage in major life activities. Unlike federal law under the Americans with Disabilities Act (ADA), FEHA generally adopts a broader definition of disability and provides enhanced protections to employees within California. Direct discrimination may involve: Denial of employment or promotion due to a disclosed medical condition Termination shortly after disclosure of a diabetes diagnosis Unjustified changes in work duties or demotions linked to health status Statutory protections under Government Code §12940(a) may apply when adverse employment actions are causally connected to a known or perceived disability. Hypothetical scenario for illustration only: A qualified job applicant voluntarily discloses their insulin-dependent diabetes during the interview process. The employer later informs the applicant that they are “too high-risk” for the position and hires someone else.   Real situations may involve additional complexities. Similar ... Read more