Disability Discrimination in the Workplace: Your Rights Under California and Federal Law

Workers with disabilities in Southern California have robust legal protections against workplace discrimination, thanks to both California state laws and federal regulations. If you’re facing unfair treatment due to a disability, understanding these legal frameworks and knowing exactly what steps to take can make all the difference in protecting your rights and career.

Understanding Disability Discrimination: California FEHA vs. Federal ADA

Disability discrimination occurs when an employer treats an employee or applicant unfavorably because they have a disability, a history of disability, or are perceived to have a disability. Both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) prohibit this discrimination, but with important differences:

Defining “Disability”

California FEHA: Uses a broader definition that includes conditions that “limit” a major life activity. This encompasses more mild conditions and those that are managed with medication or assistive devices.

Federal ADA: Requires conditions to “substantially limit” a major life activity, setting a higher threshold for qualification.

Employer Coverage

California FEHA: Applies to employers with 5 or more employees.

Federal ADA: Covers employers with 15 or more employees.

Reasonable Accommodations

Both Laws: Require employers to provide reasonable accommodations that allow employees with disabilities to perform essential job functions, unless doing so would cause “undue hardship.”

California FEHA: Generally interprets “undue hardship” more strictly, making it harder for employers to deny accommodations.

Common Types of Disability Discrimination in Southern California Workplaces

Disability discrimination can take many forms:

• Refusing to hire qualified candidates because of their disability
• Denying promotions or advancement opportunities
• Terminating employment due to disability status
• Harassing employees about their disability
• Failing to engage in the interactive process for accommodations
• Refusing reasonable accommodations without proper justification
• Creating or maintaining a hostile work environment
• Imposing unnecessary medical examinations
• Retaliating against employees who request accommodations
• Making disability-related inquiries beyond what’s legally permitted

Reasonable Accommodations: What’s Required

Both California and federal law require employers to provide reasonable accommodations that allow employees with disabilities to perform their essential job functions. Common examples include:

• Modified work schedules or flexible hours
• Ergonomic office equipment or workstation modifications
• Job restructuring or reassignment to a vacant position
• Remote work options
• Accessible facilities
• Assistive technology or devices
• Modified workplace policies
• Leave for medical treatment or recovery

The Interactive Process

California law places particular emphasis on the “interactive process” – the ongoing dialogue between employer and employee to identify appropriate accommodations:

1. The process begins when an employer becomes aware of the need for accommodation
2. Both parties must communicate in good faith
3. The employer must consider the employee’s preference
4. The process should be timely and documented
5. Employers must continue the process if initial accommodations prove ineffective

Failure to engage in this process is itself a violation of California law, even if no reasonable accommodation was ultimately possible.

Critical Steps to Take If You’re Experiencing Disability Discrimination

If you believe you’re facing disability discrimination, taking the right steps in the right order can strengthen your legal position:

1. Document Everything

• Keep a detailed journal of discriminatory incidents with dates, times, locations, people involved, and witnesses
• Save all relevant emails, text messages, performance reviews, and medical documentation
• Make notes of verbal conversations immediately after they occur
• Track any changes in your job duties, schedule, or treatment after disclosing your disability
• Maintain records of accommodation requests and your employer’s responses

2. Follow Internal Reporting Procedures

• Review your employee handbook for complaint procedures
• Report discrimination to your supervisor and/or HR department in writing
• Be specific about the incidents and how they relate to your disability
• Keep copies of all reports and complaints you submit
• Document the company’s response (or lack thereof)

3. Obtain and Organize Medical Documentation

• Get clear documentation from healthcare providers about your disability and needed accommodations
• Ensure medical documentation explains the connection between your disability and the accommodations requested
• Keep copies of all medical records provided to your employer
• Follow up with providers if more specific information is needed to support accommodation requests

4. File an Administrative Complaint

California Route: File a complaint with the Civil Rights Department (CRD, formerly DFEH)

• Time limit: Generally three years from the discriminatory act
• Can file online, by mail, or in person
• CRD will investigate and potentially mediate the dispute
• Must obtain a “right-to-sue” notice before filing a lawsuit

Federal Route: File a charge with the Equal Employment Opportunity Commission (EEOC)

• Time limit: 180 days, extended to 300 days in California
• Can file in person, by mail, or by phone
• Cross-filing between agencies is typically automatic
• Must obtain a “right-to-sue” letter before pursuing federal claims

5. Consider Work Environment Management

• Continue performing your job duties to the best of your ability
• Maintain professionalism in all workplace communications
• Avoid discussing your case with coworkers
• Be prepared for potential retaliation (which is itself illegal)
• Consider whether you need accommodations for stress or anxiety resulting from the discrimination

6. Consult with an Employment Attorney

• Seek legal advice early in the process, ideally before filing administrative complaints
• Bring all documentation to your consultation
• Discuss the strengths and weaknesses of your case
• Understand potential remedies and timeline expectations
• Get guidance on immediate workplace issues while your case proceeds

Available Remedies Under California and Federal Law

If your disability discrimination claim succeeds, potential remedies include:

Under Both Laws:

• Back pay for lost wages
• Reinstatement or front pay
• Compensation for emotional distress
• Injunctive relief (court orders requiring policy changes)
• Attorney’s fees and costs

California-Specific Advantages:

• No damages caps (federal ADA caps damages at $50,000-$300,000 depending on employer size)
• Potentially higher emotional distress awards
• Potential recovery under additional state theories of liability

How Ochoa & Calderón Advocates for Workers Facing Disability Discrimination

Our experienced employment discrimination attorneys help Southern California workers by:

• Conducting thorough case evaluations to determine the strongest legal approach
• Guiding clients through both California and federal administrative processes
• Ensuring proper medical documentation that clearly connects disabilities to needed accommodations
• Negotiating with employers for reasonable accommodations and settlements
• Representing clients in administrative hearings and court proceedings
• Maximizing compensation by pursuing all available legal remedies
• Advocating for workplace policy changes to prevent future discrimination

Taking Action: Don’t Wait to Protect Your Rights

Disability discrimination can severely impact your career trajectory, financial stability, and emotional wellbeing. California and federal laws provide strong protections, but these protections are most effective when you take prompt, strategic action.

If you’re experiencing disability discrimination in your Southern California workplace, documenting incidents, following proper reporting procedures, and consulting with an experienced employment attorney are crucial first steps toward justice.

The answer is clear: legal representation ensures better outcomes for your claim. At Ochoa & Calderón, we fight for car accident victims to secure the compensation they deserve. Call us today at 951-901-4444 or 844-401-0750 toll-free to schedule a free consultation. You can also contact us online.