Disability Discrimination Claims in California Workplaces

Disability discrimination in California workplaces takes many forms. Employees with physical or mental disabilities face barriers ranging from outright refusal to hire to subtle forms of exclusion and retaliation.

Before filing a disability discrimination complaint, you need to know what qualifies as discrimination, what your employer is legally required to provide, and how to document your case effectively.

What Qualifies as a Disability Under California Law?

Under the California Fair Employment and Housing Act (FEHA), a disability is defined more broadly than under federal law. FEHA covers employers with five or more employees, while the Americans with Disabilities Act (ADA) applies to employers with 15 or more employees.

A disability includes:

• Physical conditions that limit a major life activity, such as walking, seeing, hearing, or working
• Mental or psychological disorders, including depression, anxiety, bipolar disorder, and PTSD
• Chronic health conditions, such as diabetes, cancer, HIV/AIDS, or epilepsy
• Learning disabilities, including dyslexia and ADHD
• Medical conditions that require ongoing treatment or accommodation

California law protects individuals with a disability, a record of a disability, or who are regarded as having a disability. You do not need to prove that your condition substantially limits a major life activity to the same degree required under federal law. FEHA applies a lower threshold, making it easier to establish coverage.

Forms of Disability Discrimination

Disability discrimination takes many forms. Employers who take adverse action against employees because of disability violate FEHA.

Common forms include:

• Refusing to hire qualified candidates because of a disability
• Termination or demotion based on disability status or an accommodation request
• Denial of promotions or opportunities because of assumptions about your limitations
• Harassment based on your disability, including offensive comments, ridicule, or exclusion
• Failure to provide reasonable accommodations that would allow you to perform your job
• Retaliation for requesting accommodations or filing a discrimination complaint
• Medical inquiries that violate privacy protections, such as asking about disabilities during the hiring process before making a job offer

Discrimination does not require explicit statements about your disability. Employers often rely on pretexts, such as performance issues or budget cuts, to mask discriminatory motives.

Your Right to Reasonable Accommodation

California law requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would create an undue hardship.

Examples of reasonable accommodations include:

• Modified work schedules or flexible hours
• Reassignment to a vacant position for which you are qualified
• Modifications to equipment, tools, or workstations
• Providing assistive technology or devices
• Adjusting job duties to focus on essential functions
• Allowing remote work or telecommuting
• Providing leave for medical treatment or recovery
• Making physical modifications to the workplace, such as installing ramps or adjusting desk height

The accommodation process is not one-sided. California law requires employers to engage in the interactive process, a good-faith dialogue between you and your employer to identify effective accommodations.

How the Interactive Process Works

When you request an accommodation, your employer must:

1. Acknowledge your request and begin discussing potential accommodations promptly
2. Gather information about your limitations and the accommodations you need
3. Consider your suggestions and propose alternative accommodations if yours are not feasible
4. Implement a reasonable accommodation or demonstrate that no reasonable accommodation exists

You have the right to participate meaningfully in this process. Employers cannot unilaterally decide what accommodation to provide without consulting you, nor can they delay the process indefinitely.

What Is Undue Hardship?

Employers can deny an accommodation only if it would cause undue hardship, meaning significant difficulty or expense. California applies a higher standard than federal law.

Under FEHA, undue hardship requires showing that the accommodation would impose significant difficulty or expense in light of factors such as:

• The nature and cost of the accommodation
• The employer’s overall financial resources
• The type of business and its operations
• The impact on workplace operations

Employers bear the burden to prove undue hardship, and courts scrutinize these claims closely.

How to Document Your Disability Discrimination Case

Begin gathering evidence as soon as you suspect discrimination or encounter resistance to your accommodation request.

Key Documentation to Collect

• Medical records: Documentation from your healthcare provider describing your disability, limitations, and recommended accommodations
• Accommodation requests: Copies of all written or emailed accommodation requests, including dates and responses
• Interactive process communications: Notes from meetings, emails, and any correspondence related to the accommodation discussion
• Performance reviews: Reviews before and after your accommodation request or disclosure of your disability
• Witness statements: Names and contact information for colleagues who witnessed discriminatory conduct or can corroborate your account
• Comparative evidence: Information about how your employer treated non-disabled employees in similar situations
• Harassment evidence: Emails, text messages, or notes documenting offensive comments or conduct related to your disability

Create a timeline of events, including when you disclosed your disability, requested accommodations, and experienced adverse actions. This timeline helps establish causation and reveals patterns of discrimination.

Preserve Communications

Save all emails, text messages, and written communications related to your disability, accommodation requests, or any adverse actions.

If conversations occur verbally, document them immediately with detailed notes, including the date, time, participants, and what was said.

Filing a Complaint with the California Civil Rights Department

Before filing a lawsuit under FEHA, you must first file an administrative complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing.

Key points about the CRD process:

• You have three years from the date of the discriminatory act to file a complaint
• You can file online, by mail, or in person at a CRD office
• The CRD will investigate your complaint and may offer mediation
• If the CRD does not resolve your case, they will issue a right-to-sue notice, allowing you to file a lawsuit in court

You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) if you want to pursue federal claims under the ADA. The deadlines and procedures differ, so consult with an attorney to determine the best approach.

Damages Available in Disability Discrimination Cases

If you prove disability discrimination, you may be entitled to various remedies:

• Back pay: Wages lost from the date of discrimination to the resolution of your case
• Front pay: Compensation for future lost earnings if reinstatement is not feasible
• Emotional distress damages: Compensation for the psychological harm caused by discrimination
• Punitive damages: Additional damages intended to punish particularly egregious conduct
• Reasonable accommodations: Court-ordered implementation of accommodations
• Reinstatement: Return to your former position or a comparable role
• Attorney’s fees and costs: Reimbursement for the expenses of pursuing your claim

California courts take disability discrimination seriously. Employers who engage in willful discrimination or fail to accommodate employees in bad faith face significant liability.

When to Consult a Disability Discrimination Attorney?

Disability discrimination cases involve complex legal standards and procedural requirements. An experienced employment attorney can:

• Assess whether your situation constitutes actionable discrimination
• Guide you through the accommodation request and interactive process
• Gather and organize evidence to support your claim
• File administrative complaints with the CRD or EEOC
• Negotiate settlements or represent you in litigation
• Ensure you meet all filing deadlines and procedural requirements

At TONG LAW, we represent employees throughout California who have experienced disability discrimination. We understand the challenges you face and are prepared to pursue the accommodations and compensation you deserve. Contact us today to discuss your case.