Disability Discrimination in the California Workplace: Your Rights and Legal Remedies

Disability discrimination remains a persistent issue in California workplaces, despite clear protections under both state and federal law. Employees with physical or mental impairments often face subtle—or overt—barriers to advancement, inclusion, and dignity on the job. This article examines what qualifies as disability discrimination in California, how to recognize it, and what legal steps you can take to protect your rights.

What Is Disability Discrimination?

Under the California Fair Employment and Housing Act (FEHA), it is unlawful for employers to discriminate against qualified individuals with disabilities. This includes any physical or mental condition that limits a major life activity—ranging from mobility impairments and chronic illnesses to mental health conditions like depression or PTSD.

Disability discrimination can take many forms:

• Denying a job or promotion based on a disability

• Refusing to provide reasonable accommodations

• Harassing an employee because of a disability

• Firing or demoting an employee after they disclose a medical condition

Federal protections under the Americans with Disabilities Act (ADA) also apply but FEHA generally offers broader coverage, including for temporary conditions and employers with as few as five employees.

The Obligation to Provide Reasonable Accommodations

One of the cornerstones of disability discrimination law in California is the employer’s duty to reasonably accommodate. This means making adjustments that allow the employee to perform essential job functions unless doing so would cause “undue hardship.”

Examples of reasonable accommodations include:

• Modified work schedules

• Assistive devices or software

• Job restructuring

• Physical changes to the workspace

• Remote work arrangements

An employer must engage in a “good faith interactive process” with the employee to explore appropriate accommodations. Simply ignoring a request or failing to follow up can be grounds for a legal claim.

Common Signs of Disability Discrimination

Recognizing disability discrimination in the workplace isn’t always straightforward. The signs may include:

• Being passed over for promotions after disclosing a diagnosis

• Sudden negative performance reviews following a medical leave

• Mockery or hostility from supervisors or coworkers

• Denial of accommodations others receive routinely

In some cases, the discrimination may stem from implicit bias or ignorance rather than outright malice—but the impact on the employee is the same.

Filing a Complaint for Disability Discrimination in California

If you believe you’ve been a victim of disability discrimination, there are several steps you should take:

1. Document Everything – Keep a detailed record of incidents, requests, emails, and conversations.

2. Report Internally – Notify HR or your supervisor, if safe to do so, and request accommodations in writing.

3. File with the Civil Rights Department (CRD) – Formerly the Department of Fair Employment and Housing (DFEH), this agency investigates FEHA violations. Complaints generally must be filed within three years of the discriminatory act.

4. Obtain a Right-to-Sue Notice – If you prefer to bypass the CRD investigation or if your claim is not resolved, this notice allows you to proceed directly to court.

What Legal Remedies Are Available?

If your disability discrimination claim is successful, California law allows for a range of remedies:

• Back pay and front pay

• Reinstatement or promotion

• Emotional distress damages

• Punitive damages (in egregious cases)

• Attorney’s fees and court costs

Importantly, California law also prohibits retaliation for asserting your right to accommodations or filing a complaint.

When to Speak With an Attorney

Disability discrimination cases often hinge on nuanced legal definitions and evidence of intent. Consulting an employment lawyer early in the process can make the difference between a dismissed claim and a meaningful resolution. Many attorneys offer free consultations and work on a contingency basis, particularly in FEHA-based claims.

A Climate of Inclusion Is the Legal Standard

California employers are expected not just to avoid discrimination, but to foster a culture of inclusivity and support. When businesses fail to meet that standard—by denying accommodations or marginalizing workers with disabilities—they expose themselves to liability and reputational damage.

For employees, understanding your rights is the first step toward asserting them. If you’ve experienced unfair treatment due to a disability, California law is on your side.