Disability Discrimination
California law provides strong protections for employees with physical and mental disabilities.
Employers are prohibited from discriminating against qualified individuals based on a disability and are required to provide reasonable accommodations to support their ability to work.
Legal Protections
Two main laws protect employees from disability discrimination:
- California Fair Employment and Housing Act (FEHA): Applies to employers with five or more employees and offers broader protections than federal law.
- Americans with Disabilities Act (ADA): A federal law that applies to employers with 15 or more employees.
Both laws prohibit discrimination in hiring, termination, job assignments, promotions, and other terms of employment based on a physical or mental disability, a medical condition, or a history of such conditions.
Case Results
What Qualifies as a Disability?
A disability under California law includes:
illnesses, mobility limitations, vision
or hearing impairments)
(e.g., depression, anxiety, PTSD)
or genetic characteristics associated
with disease
California’s definition is more expansive than federal law and includes conditions that “limit a major life activity,” even if the limitation is mild or episodic.
Reasonable Accommodations
Employers are required to provide reasonable accommodations that allow employees to perform their essential job duties unless doing so would cause undue hardship. Common accommodations include:
- Modified work schedules
- Ergonomic equipment or assistive devices
- Leave for medical treatment or recovery
- Reassignment to a vacant position
Employers must engage in a good-faith interactive process with the employee to determine appropriate accommodations.
Examples of Disability Discrimination
- Refusing to hire or promote a qualified individual due to a known disability
- Failing to provide reasonable accommodations after a request
- Demoting or terminating an employee after disclosing a diagnosis
- Retaliating against an employee for requesting accommodations or filing a complaint
Filing a Claim
An employee must file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Claims must generally be filed within one year of the discriminatory act (California) or 300 days (federal).
Available Remedies
If disability discrimination is proven, an employee may be entitled to: