
Disability Rights
Your Rights at Work When Living with a Disability in California
Facing Disability Challenges at Work
If you’re living with a disability in California, the workplace can sometimes feel uncertain. Questions about your rights or how to ask for what you need can weigh heavily. You’re not alone—many Californians face barriers at work, from physical limitations to invisible disabilities. Knowing your legal protections and options is the first step to a more secure future. Attain Law is committed to helping employees understand and assert their disability rights in California.
Throughout California, disability laws shape how employers must treat workers. Whether you’re experiencing workplace discrimination or need support navigating wage and hour disputes, understanding your protections helps you stand up for yourself. Our team also supports those facing wrongful termination linked to disability.
What Are Disability Rights?
Disability rights at work guarantee that employees with physical or mental impairments are treated fairly. Under both state and federal law, employers must provide reasonable accommodations—adjustments or changes to the job or work environment—to help qualified employees perform essential duties. These rights cover visible and invisible disabilities and extend from hiring to termination.
If you’re unsure whether your condition qualifies, know that protections often include chronic illnesses, mental health conditions, and temporary injuries. Our guide on documenting discrimination can help you keep accurate records if problems occur.
Key California and Federal Laws
California law offers some of the strongest protections for workers with disabilities. The Fair Employment and Housing Act (FEHA) applies to employers with five or more employees and prohibits discrimination based on physical or mental disability. The federal Americans with Disabilities Act (ADA) covers similar ground for employers with fifteen or more staff.
Highlights include:
- Employers can’t refuse to hire, demote, or fire someone because of a disability.
- You’re entitled to reasonable accommodations, such as adjusted schedules or equipment.
- Employers must engage in an “interactive process”—a discussion to find effective accommodations.
- Retaliation for requesting accommodations or reporting discrimination is unlawful. Learn more about retaliation claims in California.
For more on the interactive process and legal standards, see our article on requesting accommodations at work.
Employer Obligations
Employers in California have several specific responsibilities:
- Participate in good faith during the interactive process.
- Provide reasonable accommodations unless it causes “undue hardship.”
- Keep medical information confidential.
- Prevent harassment or hostile work environments related to disability. Details on what qualifies as a hostile work environment are available for those with concerns.
Failure to meet these obligations can lead to legal consequences. If you believe your employer has fallen short, review common workplace disability rights violations.
Steps to Take if Your Rights Are Violated
If you experience discrimination or denial of accommodations:
- Document every incident—dates, names, and what happened.
- Save emails, letters, and performance reviews related to your disability or requests.
- Report issues to your human resources department.
- Consult with an employment law attorney for guidance.
- File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), if needed.
Our guide on filing a workplace discrimination claim explains the process step-by-step.
What Damages Are Available?
If your employer violates your disability rights, you may be entitled to:
- Back pay for lost wages
- Compensation for emotional distress
- Reinstatement to your job
- Changes to employer policies
- Attorney’s fees and costs
Each case is unique, and compensation depends on the harm suffered. For more details on potential damages in workplace claims, visit our page on common damages in wrongful termination lawsuits.
Frequently Asked Questions about Disability Rights in California
What are my disability rights in California? Under California’s Fair Employment and Housing Act (FEHA), workers with disabilities are protected from discrimination and entitled to reasonable accommodations, such as modified schedules or accessible equipment.
What counts as a disability under California law? California law covers a wide range of physical and mental conditions, including chronic illnesses, mental health disorders, and temporary injuries that limit major life activities.
How do I request a reasonable accommodation? You should notify your employer in writing about your need for an accommodation. The employer must begin an interactive process to determine an effective solution.
Can my employer fire me for having a disability? No, employers in California cannot fire you solely because of a disability. Any adverse action based on disability is illegal under FEHA and the ADA.
What can I do if my employer denies my accommodation request? You can file a complaint with the California Civil Rights Department (CRD) or consult an employment lawyer to discuss your legal options.
Talk to Attain Law
If your disability rights have been violated at work, you don’t have to handle it alone. Contact Attain Law for a free consultation by calling (888) 970-8627 or contact us today for a free consultation. We’re here to support you through every step.
Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.
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