California Disability Discrimination Lawsuit

Perhaps the moment you realized something was wrong at work was not dramatic; it was something that happened quietly, over time. A comment that lingered longer than it should have or an employment decision that didn’t quite add up. What may have begun as subtle comments and small exclusions becomes increasingly hard to ignore. Unequal treatment, missed opportunities, and a growing sense that no matter how hard you work, it will never be enough. 

You ask yourself time and again whether you are overreacting, yet deep down you know you are not. While a comment here or there, or an adverse employment decision, may not seem enough to label the behavior as discrimination, a pattern that develops over time can become impossible to ignore. And for you, like many others, the hardest part may not be the actual discrimination, but rather the fear that comes with it. Fear of losing your job, fear that speaking up will make things worse, or even fear of being labeled “difficult.” 

It can feel overwhelming to navigate California disability discrimination in the workplace on your own. You, like most workers, never set out to hire an attorney – you only wanted to be treated fairly. If you are experiencing disability discrimination in your workplace and your internal complaints have gone nowhere, you need a strong legal advocate in your corner. An attorney from the Law Offices of Scott Glovsky will help you understand your rights under California employment law, lay out your options, and help you move forward in the most productive way possible. 

What is Disability Discrimination in the Workplace?

When a California employer treats an employee unfairly due to a physical or mental disability or fails to provide reasonable accommodation that would allow the employee to perform their job, disability discrimination may have occurred. Under the Fair Employment and Housing Act (FEHA), California provides broad protections for workers with disabilities – even more than federal law. The definition of disability covers a wide range of physical and mental conditions. These conditions include temporary impairments and even perceived conditions that have not been formally diagnosed. 

California employers must also provide reasonable accommodations under the state’s disability discrimination laws. These accommodations include any adjustments that enable an employee to perform their essential job functions. This could include things like remote work arrangements, modified schedules, changes to job duties, or assistive devices. Employers must also communicate with employees to identify and implement necessary accommodations. An employer who ignores an employee’s requests, delays responses, or refuses to communicate about the issue may be violating disability laws. 

Disability discrimination can take many forms. Perhaps an employee is terminated after disclosing a medical condition. A promotion may be denied, or the employee may be subjected to increased scrutiny not experienced by other employees. An employee with a disability may be denied a requested accommodation, which can force them to choose between their job and their health and well-being. An employee who requests an accommodation for their disability or otherwise asserts their rights under California law may face retaliation, including termination, demotion, or other adverse actions. 

If you have been treated differently at work due to a disability or denied accommodations you need to do your job, you are protected under California law. In fact, you may be entitled to lost wages, emotional distress damages, and attorneys’ fees. In some cases, if your employer’s conduct is determined to be willful or especially egregious, punitive damages could be available. Disability discrimination cases often involve factual disputes and nuanced legal standards, which means it is critical to have an experienced employment attorney by your side who will fight for justice on your behalf. 

What Key California Laws Protect Employees Against Disability Discrimination?

The Fair Employment and Housing Act (FEHA) covers employers with five or more employees and protects employees against disability discrimination. At the federal level, the Americans with Disabilities Act (ADA) also protects workers from disability discrimination in workplaces with 15 or more employees. FEHA offers broader protections than federal law, requiring reasonable accommodations for those with mental or physical disabilities. 

FEHA and the ADA are often applied simultaneously. FEHA has a more expansive definition of disability than the ADA, covering conditions that limit any major life activity. Employees are also protected under both FEHA and the ADA from adverse actions stemming from a request for accommodation or a report of discrimination. The California Civil Rights Department (CRD) handles discrimination complaints.  

What Qualifies as a Disability in the State of California?

In California, a disability is broadly defined as a physical or mental impairment that limits an individual’s major life activities, such as working, breathing, seeing, hearing, speaking, caring for oneself, and operating major bodily functions (respiratory, immune system, reproductive, etc.) California law (FEHA) covers actual, past, or perceived impairments, and requires only that the condition make a major life activity difficult, but not necessarily impossible. In other words, a “limitation” is enough to qualify as a disability, and the law does not require a “substantial” limitation. Both physical and mental conditions are covered under FEHA, such as:

Physical Conditions:

• Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects bodily systems. 

• Chronic or systemic diseases such as cancer, HIV/AIDS, diabetes, multiple sclerosis, hepatitis, heart or circulatory diseases, or epilepsy. 

• Mobility or sensory impairments, including loss of limbs, paralysis, cerebral palsy, hearing impairments, and blindness.

• Temporary or other conditions, including surgery recovery, serious injuries, and pregnancy-related conditions. 

Mental Conditions:

• Any mental or psychological disorders that limit a major life activity, including depression, anxiety, bipolar disorder, PTSD, schizophrenia, organic brain syndrome, and learning disabilities like dyslexia and ADHD. 
• Intellectual disabilities, including any condition that includes some form of cognitive impairment. 

FEHA also protects employees whom employers mistakenly believe have a disabling condition. Excluded conditions under FEHA include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and current unlawful drug use. Again, the condition must make a major life activity difficult, but not necessarily impossible. 

What Reasonable Accommodations Are Required for a Workplace Disability in California? 

A reasonable accommodation for a worker with a disability in California could include any of the following:

• Workplace modifications that make existing facilities accessible to a worker with a disability are considered reasonable. These might include ramps or elevators, or adjustments to workspaces, such as providing adjustable-height desks. 
• Schedule adjustments could allow part-time work, modified work schedules, longer breaks, or more frequent breaks, which are reasonable accommodations. 
• Providing reserved, accessible parking places for disabled employees is a reasonable accommodation.
• Job restructuring as a reasonable accommodation can modify non-essential job duties, restructure tasks, or reassign them.  
• Providing mechanical or electrical aids, specialized software, screen readers, or other assistive technology can be included in reasonable accommodations. 
• Offering paid or unpaid leave for medical treatments or recovery can be included in reasonable accommodations for workers with a disability. 
• Workers with disabilities might be allowed to work from home as a reasonable accommodation.
• Allowing service animals in the workplace, or providing modifications to testing or training materials, is considered a reasonable accommodation. 
• If providing qualified interpreters, readers, or written instructions for employees with hearing or vision impairments can assist them in completing their work tasks, then these are reasonable accommodations.
• Being transferred to a vacant position when an employee is no longer able to perform their original job duties due to disability is considered a reasonable accommodation. 

Can My Employer Deny My Reasonable Accommodation Request?

Your California employer can deny a reasonable accommodation request if that request poses an “undue hardship.” An undue hardship can be defined as a request that is too costly or disruptive, or that alters the nature of the business, given the employer’s size and resources. Accommodations can also be denied if the employee does not qualify for them, if they do not directly address the disability, or if they provide no direct benefit. 

If the accommodation does not enable the employee to perform essential job functions, it can be considered to provide no direct benefit. An employee who provides insufficient documentation showing they have a disability that requires accommodation can also be denied that accommodation. Employers may be allowed to provide an alternative, effective accommodation rather than the specific one requested. 

What Steps Should You Take Following a Denial of an Accommodation Request?

If your employer denies your request for specific accommodation, you should do the following:

• Ask your employer why the accommodation was denied.
• Initiate the interactive process to discuss alternative solutions.
• Provide more information, including medical documentation. 
• If you believe the denial was unfair, follow internal procedures, file a charge with the EEOC or a state agency, or consult an employment attorney. 

What Is the Interactive Process Requirement for Disability Discrimination?

The interactive process requirement for disability discrimination includes a mandatory, good-faith, collaborative dialogue where employers and employees identify reasonable accommodations for disabilities. The interactive process is triggered by an accommodation request, with a goal of finding effective solutions that do not impose an undue hardship on the employer. Both parties must sincerely participate, and employers may not delay, obstruct, or act in bad faith when faced with an accommodation request. If multiple accommodations are effective, the employer may choose the most cost-effective option, provided it works.  

What Types of Employer Conduct Are Prohibited Regarding Workplace Disability?

Any unfavorable treatment, harassment, or failure to accommodate a qualified employee or applicant due to a physical or mental impairment is prohibited under California law and the ADA. Prohibited actions are not limited to overt acts; they also include policies or physical environments that act as barriers. Primary types of prohibited employer conduct for workers with disabilities include:

• Refusing to hire or fire, or demoting a qualified person, solely because they have a disability
• Denying requests for reasonable accommodations in the workplace
• Allowing bullying, offensive jokes, or hostile treatment aimed at an employee’s disability
• Punishing an employee for requesting an accommodation, participating in a discrimination investigation, or filing a complaint regarding disability discrimination
• Asking improper medical questions prior to a job offer, or failing to keep an employee’s medical information private
• Limiting an employee’s promotions or training opportunities based on disability stereotypes  

What Should You Do If You Believe You Are the Victim of Disability Discrimination?

If you believe you are the victim of disability discrimination in your California workplace, you should document everything. Create a detailed timeline, and keep copies of your personnel file, performance reviews, and any emails regarding accommodation. Jot down every communication you have with your employer regarding your disability or requests for accommodation. 

You can file a complaint with the California Civil Rights Department (CRD) within three years (online via the CRD website, or call 800-884-1684), or the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days. Consult an employment lawyer so you can ensure you fully understand your rights, which can include filing a private lawsuit for damages after obtaining a “right-to-sue” notice. 

What Are the Remedies and Damages You May Be Entitled to for Disability Discrimination in California?

Remedies for disability discrimination can include:

• Compensation for lost wages and benefits
• Compensation for out-f-pocket expenses
• Emotional distress damages (pain and suffering, mental anguish)
• Punitive damages if the discrimination was willful, malicious, or particularly egregious
• Corrective actions such as reinstatement, hiring, promotion, or policy changes
• Legal fees

How Can the Law Offices of Scott Glovsky Help You with a Disability Discrimination Issue? 

You should never have to choose between your health and your livelihood. If you believe your employer discriminated against you because of a disability or failed to provide reasonable accommodations, you may have a legal claim under California law. An experienced employment attorney from the Law Offices of Scott Glovsky can evaluate your situation, explain your rights, and help you pursue the compensation you deserve. Disability discrimination claims are subject to strict deadlines, and waiting too long can limit your ability to take action. Don’t wait – take advantage of California law, which provides strong protections for employees with disabilities, and hold your employer accountable. Contact the Law Offices of Scott Glovsky online or call us at 626-243-5598 today.