Disability discrimination in the workplace is prohibited under both California and federal law. California’s Fair Employment and Housing Act (FEHA), and the federal Americans with Disabilities Act (ADA), protects many workers from being treated less favorably because of a disability or medical condition. These laws may also require employers to provide reasonable accommodations that allow qualified employees to perform their jobs.

If your disability, medical condition, or request for accommodation affected how your employer treated you, you do not have to figure it out alone. Blackstone Law represents employees across California and may be able to help you understand how the law could apply to your situation.

What Is Disability Discrimination Under California Law?

California’s primary workplace civil rights law is the Fair Employment and Housing Act. Under FEHA, an employer generally may not discriminate against an employee or applicant because of a physical disability, mental disability, or medical condition in hiring, termination, compensation, or the terms, conditions, or privileges of employment. California’s definition of disability is generally broader than the federal definition because FEHA generally asks whether a condition limits a major life activity, rather than whether it “substantially limits” one.

Federal law provides additional protection. The ADA generally protects qualified individuals with disabilities from discrimination, including certain failures to provide reasonable accommodations. The ADA may also prohibit screening standards or workplace criteria that improperly exclude individuals with disabilities unless those standards are job-related and consistent with business necessity.

What Is a Reasonable Accommodation?

A reasonable accommodation is, in general terms, a change to a job, workplace, schedule, or work environment that allows a qualified employee with a disability to perform the essential functions of the position. Under California law, an employer generally must provide a reasonable accommodation for a known physical or mental disability unless doing so would create an undue hardship.

Examples of possible accommodations may include:

Whether a particular accommodation is reasonable depends on the facts. An employer is generally not required to eliminate an essential job function or lower performance standards.

The Interactive Process

California law generally requires covered employers to engage in a timely, good-faith interactive process when an employee’s need for accommodation is known or when an employee requests an accommodation.

In practical terms, this means the employer and employee should engage in a timely, good-faith “interactive process.” You usually do not need to use legal language to start this process. Telling your employer that a known medical condition is affecting your work may be enough to trigger the employer’s obligation to respond appropriately.

What Might Disability Discrimination Look Like?

Disability discrimination is not always obvious. Depending on the circumstances, warning signs may include:

Retaliation Is Separately Prohibited

Employers generally may not retaliate against employees for requesting accommodation, opposing disability discrimination, or participating in a related complaint or investigation. If you were punished after asserting your rights, requesting medical leave, or asking for accommodation, that may support a separate retaliation claim depending on the circumstances.

What Are the Deadlines?

Deadlines in disability discrimination can be strict. Under California law, an employee generally has a limited period to file a complaint with the California Civil Rights Department, also known as the “CRD” (Government Code § 12960, as amended by AB 9). After receiving a right-to-sue notice, there is also a limited period to file a civil lawsuit (Government Code § 12965). Federal ADA claims may have their own, often shorter, deadlines for filing a charge with the EEOC. Because the exact deadline depends on the type of claim, and the specific facts, dates, and procedural history, consider seeking legal advice promptly. Do not rely on this page to calculate any legal deadline. If you believe your rights may have been violated, consider speaking with an employment attorney promptly.

What Does It Cost to Pursue a Disability Discrimination Claim?

Blackstone Law handles employment cases on a contingency basis. This means you don’t pay attorney fees unless we obtain a recovery for you. If there is no recovery, you owe nothing in attorney fees or costs.

We offer a free case evaluation, so there is generally no cost to find out whether your situation may support a potential claim.

How Blackstone Law May Be Able to Help

Every disability discrimination and accommodation situation is different. The strength of a claim depends on the facts, available documents, timing, employer conduct, medical restrictions, accommodation requests, and damages. Blackstone Law may be able to review your circumstances, explain how California and federal law may apply, and help you understand your potential options.

Frequently Asked Questions