For many California employees, a sudden “Performance Improvement Plan” (PIP) or a negative performance review comes as a shock. You’ve been a dedicated worker, meeting your goals and contributing to your team. But recently, something changed. Perhaps you requested an accommodation, took a medical leave, or disclosed a new diagnosis.
If your employer is suddenly documenting "performance issues" that don't align with your history, you may be experiencing disability discrimination.
The "Paper Trail" Tactic
In California, employers often use performance-based language to mask discriminatory intent. This is known as "pretext." Because it is illegal to fire someone simply because they have a disability, some managers will instead create a paper trail of minor or fabricated infractions to justify a termination.
Common signs that "performance issues" are a pretext for discrimination include:
Sudden Shifts: You received glowing reviews for years, but the criticism started immediately after you disclosed a disability.
Moving Goalposts: You are being held to a higher standard than your non-disabled colleagues.
Denial of Tools: Your "performance" is suffering specifically because your employer refused to provide a reasonable accommodation that would allow you to do your job.
Vague Criticism: Feedback is subjective (e.g., "not a culture fit" or "lacks energy") rather than based on measurable data.
Your Rights Under the FEHA
The California Fair Employment and Housing Act (FEHA) provides some of the strongest protections in the country. Under the FEHA, if you have a physical or mental disability, your employer has a legal obligation to:
Engage in a timely, good-faith interactive process to determine effective, reasonable accommodations.
Provide reasonable accommodations that allow you to perform your essential job functions, unless it causes an "undue hardship."
If your employer bypasses these steps and jumps straight to disciplinary action, they may be violating the law.
Steps You Should Take
If you feel you are being targeted, documentation is your strongest ally.
Keep a Private Log: Document conversations, dates, and specific comments made by supervisors. Keep this at home, not on a work computer.
Review Your Personnel File: You have a right to see your records under California law.
Communicate in Writing: If you request an accommodation, do so via email so there is a clear record of your request and their response.
Protecting Your Career
You do not have to navigate this stressful time alone. If you believe your "performance issues" are actually a cover for disability discrimination, it is time to seek professional legal guidance. At Gaines & Gaines, APLC, we protect California workers and ensure their rights are upheld in the face of unfair treatment. We are here to provide the authoritative and supportive representation you deserve.
To discuss your situation and explore your options, contact Gaines & Gaines, APLC today at (866) 400-4450.