Your Rights Under Disability Discrimination Laws

Facing Disability Discrimination

Living with a disability can bring daily challenges, especially when it affects your job. If you believe you’re experiencing discrimination at work in California, you’re not alone. State and federal laws offer strong protections. Understanding your rights is the first step toward a safer, more inclusive workplace. If you need help, Attain Law attorneys are here to support you.

California has some of the nation’s strongest employment protections for people with disabilities. These laws apply to a wide range of employment law matters, such as hiring, firing, promotions, and workplace accommodations. If you’re unsure whether your experience qualifies as discrimination, learning about the basics can help you decide on your next steps. You can also read about different types of workplace discrimination for more information.

What Counts as Disability?

A disability under California law is any physical or mental impairment that limits a major life activity, like walking, seeing, learning, or working. The definition is broad and includes chronic illnesses, mental health conditions, and temporary injuries. The Fair Employment and Housing Act (FEHA) covers more conditions than federal law, so even if you’re not protected under the Americans with Disabilities Act (ADA), you may still be protected in California.

Common examples include:

• Diabetes, epilepsy, HIV/AIDS, cancer
• Depression, anxiety, PTSD
• Learning disabilities, ADHD
• Mobility impairments, loss of limb
• Temporary injuries lasting more than a few months

Key State and Federal Laws

California’s FEHA is the main state law protecting workers with disabilities. It applies to employers with five or more employees, offering broader coverage than the ADA, which covers employers with 15 or more. Both laws prohibit discrimination in:

• Hiring and firing decisions
• Promotions and pay
• Job assignments
• Access to training
• Workplace policies and benefits

FEHA also covers perceived disabilities or a history of disability. Even if you’re not currently disabled, if your employer treats you as if you are, you’re protected.

Reasonable Accommodations Explained

Employers must provide reasonable accommodations so you can perform your job unless it would cause significant difficulty or expense (“undue hardship”). Accommodations can be simple or complex, such as:

• Modified work schedules
• Accessible workspaces or equipment
• Job restructuring
• Extended leave for treatment or recovery
• Remote work or flexible hours

If you need an accommodation, you must let your employer know. The law requires an “interactive process”—a good-faith discussion about your needs and possible solutions.

Common Signs of Discrimination

Disability discrimination can look different from case to case. You might notice:

• Refusal to hire or promote you because of your condition
• Harassment or offensive comments about your disability
• Denial of reasonable accommodations
• Unfair discipline or termination after disclosing your disability
• Retaliation for reporting discrimination or requesting accommodations

If you’re unsure, explore common violations of disability rights in the workplace for more details.

Employer Obligations

California employers must:

• Engage in the interactive process when you ask for an accommodation
• Maintain confidentiality about your medical information
• Avoid making employment decisions based on stereotypes or assumptions
• Prevent and address harassment related to disability
• Avoid retaliation for asserting your rights

Employers are not required to hire or keep employees who cannot perform essential job functions, even with accommodation, but they must explore all reasonable options first.

Steps to Take If You Experience Discrimination

If you suspect disability discrimination, consider these steps:

1. Document everything: Keep notes, emails, and any written communication with your employer.
2. Request accommodations in writing: Be clear about what you need and when you asked.
3. Report concerns: Use your company’s HR process or file a written complaint.
4. Contact the California Civil Rights Department (CRD): File a complaint within three years of the discrimination.
5. Consult an attorney: Legal advice can help you navigate complex situations. You can also learn about how to request reasonable accommodations at work.

Know Your Damages

California law allows you to recover damages if you win a disability discrimination claim. Potential compensation includes:

• Back pay for lost wages and benefits
• Reinstatement to your job (if appropriate)
• Out-of-pocket costs
• Compensation for emotional distress
• Punitive damages in severe cases
• Attorney’s fees and costs

For more on damages, see our section on common damages in wrongful termination lawsuits.

Related Protections and Claims

You may have other claims if you’ve faced retaliation, harassment, or wrongful termination due to your disability. Learn more about retaliation claims, hostile work environment, and wrongful termination. Each matter type has unique requirements and deadlines.

Frequently Asked Questions about Disability Discrimination Rights

What disabilities are protected under California law? California law protects a wide range of physical and mental conditions that limit major life activities, including chronic illnesses, mental health conditions, and temporary injuries.

How do I request a workplace accommodation? You should notify your employer in writing about your need for an accommodation. Employers must start an interactive process to identify reasonable solutions.

Can my employer fire me for having a disability? Employers may not terminate you because of a disability if you can perform your job duties with or without a reasonable accommodation. However, if you cannot perform essential functions, even with accommodations, termination may be lawful.

What is the deadline to file a discrimination complaint in California? You generally have three years from the date of the alleged discrimination to file a complaint with the California Civil Rights Department (CRD).

Are mental health conditions covered by disability laws? Yes. Conditions like depression, anxiety, PTSD, and other mental or psychological disorders are protected under California law if they limit a major life activity.

We’re Here to Support You

Overcoming disability discrimination can feel overwhelming, but you don’t have to do it alone. Attain Law is committed to helping California employees understand and enforce their rights. If you’re facing challenges at work or have questions about your options, contact us today for a free consultation or call (888) 970-8627. We’re here to support you every step of the way.