“You look fine. You do not seem sick. Your condition is not in the HR manual.” If you have ever heard these words or felt their sting, you are not imagining it, and under California law, you are not without protection.
Myth: “If I cannot see it, it cannot be a disability.”
That could not be more wrong. California defines “disability” expansively under the Fair Employment and Housing Act (FEHA) to include physical or mental conditions that limit daily life. That means ADHD, PTSD, chronic fatigue, fibromyalgia, lupus, multiple sclerosis, migraine disorders, and long COVID all qualify. Just because colleagues cannot see your struggle does not mean the law does not see it, too.
Myth: “Accommodations are only for obvious, physical impairments.”
Wrong again. FEHA mandates a good‑faith interactive process the moment an employer is aware of a known disability. They must engage in a meaningful dialogue to identify reasonable accommodations—whether that means modified schedules, remote work, extra breaks, or special software. Even when your condition is invisible, you are entitled to the same consideration and respect as anyone else.
Myth: “If it is not in the medical handbook, it is not serious.”
Nothing could be further from the truth. California courts have established clear precedent: an employer cannot dismiss a condition because it is not well understood. In Scotch v. Art Institute of California, a professor with Bell’s palsy who requested a reduced workload was terminated when the school refused to engage. The court ruled that refusing even the conversation violated the law. That is as invisible as disability gets. When your employer refuses to take your symptoms seriously, California law forbids it.
Myth: “My illness is temporary, so I do not need accommodation.”
Even temporary conditions qualify if they substantially limit a major life activity. Fibromyalgia flares, menstrual disorders, functional neurologic conditions or short‑term mental health crises are all protected. Employers must consider accommodations, even if they are temporary.
A Real-Life California Case
In Nadaf‑Rahrov v. Neiman Marcus Group, Inc., an employee who had undergone chemotherapy requested reassignment to a less physically demanding department. Despite strong medical evidence, Neiman Marcus refused and she was terminated shortly after. The California Court of Appeal found that the interactive process was not implemented and that the employer unlawfully refused reassignment. The court ordered damages in her favor. This case illustrates that California law requires employers to take invisible conditions seriously and that failure to do so carries consequences.
A Relatable Employee Experience
Imagine Jade, a paralegal at a San Francisco firm recently diagnosed with PTSD following a car accident. She informs her manager that certain loud noises and crowded conference rooms trigger her symptoms and asks if meetings can be attended remotely or with a quieter setup. Instead of considering it, her manager jokes that she is “too sensitive,” dismisses the need, and later excludes her from court‑prep assignments.
Jade begins to feel isolated, anxious, and unheard. Her performance review suddenly mentions “lack of team participation,” and after six months she is informed her position is being eliminated, quietly and without explanation. This is how invisible disability discrimination often plays out. Not with shouting or overt hostility, but with exclusion and rationalized change.
If Jade documented her diagnosis, her accommodation request, and the lack of employer response, she would have a strong basis for a legal claim under FEHA. Her story reflects the reality for countless Californians who are denied access because their disabilities are not “visible.”
You Are Not Alone and You Are Protected
Invisible disabilities are real, and so is discrimination. California law recognizes both. You deserve a workplace where your limitations are met with cooperation, not judgment. If you have been marginalized after quietly disclosing your condition, do not wait. Seek legal guidance tailored to your situation. Your symptoms may be invisible to others, but under California law, they are not invisible to justice.
The blog published by Fairchild Employment Law is available for informational purposes only, is not considered legal advice on any subject matter, and is not meant to guarantee an outcome. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.