Can I Be Fired Because I Have Migraines?

Migraines can be more than just occasional headaches — for many individuals, they are disabling episodes that interfere with work and everyday life. If you experience migraines and need time off, changes to your work environment, or other flexibilities, you may wonder whether you can be protected from termination or discipline under California law. This article explains your rights as an employee, how migraines can be classified legally, and what to do if you believe your employer is treating you unfairly because of this condition.

Is Migraine a Disability Under California Law?

Yes, migraines can qualify as a disability under California law if they limit a major life activity or if they are episodic but substantially limit your ability to work when active. Under the Fair Employment and Housing Act (FEHA), a California law that offers broader protections than federal disability law, a disabling condition does not have to be constantly active to trigger legal protections. Migraines, as an episodic neurological condition, may qualify if they impact your ability to concentrate, communicate, or perform tasks during flare-ups.

The California Department of Fair Employment and Housing (now known as the Civil Rights Department) requires employers with five or more employees to provide reasonable accommodations for individuals with qualifying disabilities. Employers must also engage in a timely, good-faith interactive process to determine what accommodations may be possible.

Reasonable Accommodations for Migraine Management

If you’ve disclosed your migraines to your employer, and they qualify as a disability under FEHA, you may be entitled to accommodations that allow you to perform your essential job duties. Accommodations must be reasonable, meaning they should not impose an undue hardship on the employer.

Here is a table of potential accommodations migraine sufferers in the workplace may request:

You and your employer must discuss possible accommodations in an interactive process. If your employer refuses to engage or ignores your requests without justification, that may be a violation of your rights under FEHA.

Recognizing Discrimination

If you are facing disciplinary action, reduced hours, demotion, or termination after disclosing your migraines or requesting accommodations, this may constitute disability discrimination. Under FEHA, it is unlawful for employers to discriminate against, retaliate against, or harass employees due to their actual or perceived disability.

Common discriminatory behaviors might include:

• Being penalized for taking legally protected medical leave
• Being passed over for promotion due to health condition
• Receiving harsher scrutiny than other employees after disclosing migraines
• Being terminated shortly after requesting accommodations

Employers may not legally fire you because of your migraines if reasonable accommodations are possible. Even if the condition is unpredictable or disruptive at times, employers must make a sincere effort to help you remain employed and productive through accommodations or job restructuring.

What to Do If You’re Fired or Disciplined

If you have been terminated, written up, or otherwise disciplined after disclosing your migraines or requesting accommodations, take the following steps:

• Document all communications with your employer, especially those regarding your disability and requests
• Request a written explanation of any disciplinary action or termination
• Gather any medical documentation showing your diagnosis and how it affects your ability to work
• Preserve any emails or messages that indicate discriminatory motives or denial of accommodations
• Contact an employment attorney to evaluate the strength of your case

Immediate legal action is often necessary to protect your right to recover damages or reinstatement. FEHA has strict filing deadlines, so do not delay if you believe your rights were violated.

Consulting an Employment Law Attorney

If you have migraines that interfere with your work and your employer has failed to accommodate you or treated you unfairly, you may have legal grounds for a disability discrimination claim. An experienced employment attorney can evaluate your case, help you file a complaint with the Civil Rights Department (formerly DFEH), and negotiate or litigate on your behalf.

The attorneys at Miracle Mile Law Group regularly represent employees with episodic and invisible disabilities such as migraines. Our firm is dedicated to protecting employee rights across California. You can learn more about your protections under California’s disability discrimination laws by visiting our Disability Discrimination page.

If you believe you were wrongfully terminated or harassed due to your condition, contact Miracle Mile Law Group today for a free case review.