Understanding Disability Discrimination in California Workplaces

Disability discrimination remains one of the most significant employment law issues in California. While state and federal laws provide strong protections, many employees still face subtle or direct forms of unequal treatment.

Whether it’s being denied reasonable accommodations, passed over for promotions, or wrongfully terminated, disability discrimination can have serious legal and financial consequences for both employees and employers.

This guide offers a clear and in-depth overview of how disability discrimination is defined under California law, what legal obligations employers have, and the practical steps employees can take to protect their rights.

What Counts as Disability Discrimination Under California Law

Under California Fair Employment and Housing Act (FEHA), employers with five or more employees are prohibited from discriminating against individuals with actual or perceived physical or mental disabilities. Disability discrimination occurs when an employer takes an adverse action against an employee because of their disability status or fails to reasonably accommodate them.

Examples include:

• Refusing to hire or promote a qualified candidate due to their disability.

• Failing to provide reasonable accommodations (e.g., modified work schedules, assistive devices).

• Terminating or demoting employees after they disclose their disability or request accommodations.

• Retaliating against employees who assert their rights or file complaints.

FEHA provides broader protections than federal law such as the Americans with Disabilities Act (ADA). For instance, FEHA recognizes a wider range of disabilities and applies to smaller employers.

Legal Obligations of Employers in California

California employers must meet specific legal duties to comply with disability discrimination laws:

1. Engage in the Interactive Process

Under Government Code § 12940(n), employers must engage in a timely, good faith interactive process with employees who request accommodations. This is a collaborative dialogue designed to identify and implement effective accommodations without imposing undue hardship.

2. Provide Reasonable Accommodations

Employers must offer accommodations that allow an employee to perform the essential functions of their job. Common accommodations include ergonomic equipment, flexible work hours, modified duties, or medical leave. Refusing to consider these adjustments can lead to liability.

3. Prohibit Retaliation

FEHA strictly forbids retaliation against employees who file complaints, request accommodations, or participate in investigations. Even subtle forms of retaliation—like reduced hours, undesirable assignments, or poor evaluations—can be grounds for legal action.

4. Maintain Confidentiality

Medical information provided by an employee must remain confidential and stored separately from regular personnel records. Breaching this confidentiality can violate both FEHA and privacy laws.

How Employees Can Prove Disability Discrimination

A disability discrimination claim under California law typically requires demonstrating:

1. Protected status: The employee has a disability or is perceived as disabled.

2. Qualification: The employee can perform essential job functions with or without accommodation.

3. Adverse action: The employer took a negative employment action (e.g., termination, demotion).

4. Causal link: The action was substantially motivated by the employee’s disability.

Evidence can include written communications, performance records, witness testimony, or documentation of denied accommodations. Often, the timing of an adverse action—such as being fired shortly after disclosing a disability—plays a key role in proving discriminatory intent.

The Role of Reasonable Accommodation in Discrimination Claims

Many disability discrimination cases hinge on whether the employer provided—or failed to provide—reasonable accommodation. Under California law, refusing to engage in the interactive process can itself be a separate violation, even if no discrimination occurred afterward.

For example, if an employee with a back injury requests an ergonomic chair and the employer ignores the request, that alone may constitute a FEHA violation. Employers must document the interactive process to demonstrate compliance.

Filing a Disability Discrimination Complaint

Employees who believe they’ve experienced disability discrimination can file a complaint with the California Civil Rights Department (CRD) (formerly DFEH). This is a required step before filing a civil lawsuit under FEHA.

Key steps include:

1. Filing a complaint: Must be done within three years of the alleged violation.

2. CRD investigation: The agency reviews the claim and may facilitate mediation or pursue legal action.

3. Right-to-sue letter: If the employee wants to proceed independently, they can request this letter and file a lawsuit in civil court.

Employees may also pursue claims under the ADA with the U.S. Equal Employment Opportunity Commission(EEOC), but California law often offers more favorable remedies.

Practical Takeaways for Employees

1. Document Everything

Maintain records of accommodation requests, medical documentation, emails, and any retaliatory behavior. Documentation is often the strongest evidence in these cases.

2. Act Quickly

Strict deadlines apply to discrimination claims. Filing with the CRD within the statutory period is critical to preserving legal rights.

3. Understand Your Rights Before Quitting

Voluntarily resigning may limit your ability to recover damages. If workplace conditions are unbearable due to discrimination, consult with an attorney before making any decision.

Practical Takeaways for Employers

• Train managers on FEHA compliance and the interactive process.

• Maintain clear procedures for accommodation requests.

• Document every step of the interactive process to protect against future claims.

• Foster a workplace culture that discourages subtle forms of discrimination and retaliation.

Real-World Example

In A.M. v. Albertsons, LLC (2019), a California appellate court upheld a $1.3 million verdict for a clerk with a disability who was terminated after requesting accommodations. The employer failed to engage in the interactive process and provide reasonable modifications, which the court deemed a direct violation of FEHA.

This case underscores how failing to comply with accommodation requirements can result in substantial liability.

Conclusion

Disability discrimination is not just a legal violation—it undermines workplace fairness and inclusivity. California law provides some of the strongest protections in the country through FEHA, requiring employers to act proactively and respectfully toward employees with disabilities.

Employees should know their rights, document interactions carefully, and act promptly if violations occur. Employers should ensure they comply with accommodation obligations to avoid costly legal exposure. A well-informed approach on both sides helps create workplaces rooted in dignity, compliance, and respect.

Disclaimer

This fact sheet is intended to provide general and accurate information about employment-related legal rights in California. However, laws and procedures can change frequently and may be interpreted differently depending on the circumstances. 1000Attorneys.com does not guarantee that the information provided reflects the most current legal developments and is not responsible for how it is used. You should not rely solely on this content to make legal decisions. For guidance specific to your situation, consult a qualified attorney through a referral or contact the appropriate government agency.