Workplace discrimination based on disability is prohibited under both California and federal law. Despite strong protections under the law, disability discrimination remains a significant issue for many California workers.
In this article, our California labor and employment attorneys explain what you need to know about disability discrimination and the protections available to employees. We also provide guidance on how to file a disability discrimination lawsuit if you experienced such mistreatment.
What constitutes disability discrimination in California?
Under California’s Fair Employment and Housing Act (FEHA), disability discrimination occurs when an employer treats you unfavorably because you:
- Have a disability,
- Have a history of disability, or
- Are perceived to have a disability.1
FEHA provides broader protections than the federal Americans with Disabilities Act (ADA), making California one of the most protective states for workers with disabilities.
What qualifies as a disability?
California law has a broader view of what counts as a disability than federal law does. Under FEHA, a disability includes:
- Physical disabilities,
- Mental disabilities,
- Medical conditions,
- Genetic characteristics that may cause disability, and
- Conditions that require special education or related services.2
Unlike the ADA, which requires that a disability “substantially limit” a major life activity, FEHA requires only that the condition “limit” a major life activity.3 This distinction means that more conditions qualify as protected disabilities under California law.
Types of Prohibited Discrimination
Disability discrimination can take many forms, including:
- Direct Discrimination: This comprises treating you less favorably because of your disability. An example is refusing to hire you or then firing you after you disclose your disability.
- Harassment: This is subjecting you to unwelcome conduct based on your disability that creates a hostile work environment. Examples include constantly putting you down because of your limitations.
- Failure to Provide Reasonable Accommodations: Employers must provide reasonable accommodations for your disabilities unless it would cause “undue hardship.”
- Failure to Engage in the Interactive Process: Employers have an obligation to engage in a timely, good faith interactive process to determine effective reasonable accommodations for you.
- Retaliation: This includes taking adverse action against you for requesting accommodations or complaining about disability discrimination. Examples of “adverse actions” include wrongful termination, demoting you, or failing to promote you.4
Reasonable Accommodations
California employers with five or more employees must make reasonable accommodations for known disabilities of applicants and employees. Examples of reasonable accommodations include:
- Modified work schedules,
- Reassignment to a vacant position,
- Acquisition or modification of equipment,
- Modified training materials or policies,
- Providing assistive services or devices, or
- Leaves of absence for medical treatment.
What is considered a reasonable accommodation is determined on a case-by-case basis.5
The laws against discrimination based on disability also apply to perceived disabilities.
How to File a Disability Discrimination Lawsuit
If you believe you have experienced disability discrimination in your workplace in California, here is a step-by-step guide to filing a lawsuit:
1. Document the Discrimination
Before taking formal action, gather evidence of the discrimination:
- Keep a detailed journal of discriminatory incidents, including dates, times, locations, and witnesses.
- Save all relevant emails, texts, performance reviews, and other communications.
- Retain copies of medical documentation related to your disability and accommodation requests.
- Document all accommodation requests and your employer’s responses.
2. Follow Internal Complaint Procedures
Most employers have internal complaint procedures outlined in employee handbooks. While not lawfully required, following these procedures may resolve the issue and demonstrates good faith if you later file a lawsuit.
3. File a Complaint with the Civil Rights Department (CRD)
Before filing a lawsuit, you must first file a complaint with California’s Civil Rights Department (formerly known as the Department of Fair Employment and Housing).
- You must file within three years of the last discriminatory act.
- The CRD complaint can be filed online, by mail, or in person.
- Include all relevant details about the discrimination and identify the lawful basis for your claim.6
4. Request a Right-to-Sue Notice
After filing a complaint with the CRD, you can:
- Request an immediate right-to-sue notice if you intend to proceed directly to court, or
- Ask the CRD to investigate your claim.
If the CRD investigates, they may attempt to resolve the matter through mediation or issue a right-to-sue notice if they cannot resolve it or decide not to pursue the case.
5. File a Lawsuit in Civil Court
Once you receive a right-to-sue notice, you have one year to file a lawsuit in civil court. Your complaint should include:
- A detailed account of the discriminatory actions,
- How these actions violate specific provisions of FEHA,
- The harm you’ve suffered as a result, and
- The remedies you’re seeking.7
In some cases, arbitration may be mandatory if you signed an arbitration agreement.
Disabled workers being discriminated against can file a discrimination complaint with the government.
Potential Remedies in Disability Discrimination Cases
If successful in your lawsuit, you may be entitled to various remedies in California. These include:
- Back pay (wages lost due to discrimination),
- Front pay (future lost earnings),
- Compensation for emotional distress,
- Punitive damages in cases of especially malicious conduct,
- Attorney’s fees and costs, and
- Injunctive relief (court orders requiring the employer to take specific actions, such as reinstating you).8
Statute of Limitations
Be aware of these important time limits in California:
- Three years to file a complaint with the CRD from the date of the last discriminatory act.9
- One year to file a lawsuit in civil court after receiving a right-to-sue notice.10
Missing these deadlines can permanently bar your claim, so it is essential to act promptly.
In Sum…
California provides robust protections against disability discrimination in the workplace. If you believe you have been discriminated against because of a disability, understanding your rights and the proper procedures for filing a complaint are essential first steps toward seeking justice.
While the process can be complex, thorough documentation and timely action can help protect your rights and potentially lead to appropriate remedies.
Employers must provide reasonable accommodations unless it would be an undue hardship.
Legal References
- Cal. Gov. Code § 12940. See also Zamora v. Security Industry Specialists, Inc. (
- Cal. Gov. Code § 12926.
- Cal. Gov. Code § 12926. Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019.
- Cal. Gov. Code § 12940. Scotch v. Art Institute of California (2009) 173 Cal.App.4th 986.
- Cal. Gov. Code § 12926. Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215.
- Cal. Gov. Code § 12960. McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88.
- Cal. Gov. Code § 12965. Acuna v. San Diego Gas & Electric Co. (2013) 217 Cal.App.4th 1402.
- Roby v. McKesson Corp. (2009) 47 Cal.4th 686.
- Cal. Gov. Code § 12960.
- Cal. Gov. Code § 12965.