Disability Discrimination

With a presence across California, Employment Attorneys Sacramento is committed to upholding the rights of workers, with a special focus on addressing discrimination against those with disabilities.

Disability Discrimination

Understanding Disability Discrimination under California State Law



Federal and California state laws forbid employers from discriminating against workers or job seekers due to their disabilities. The Americans with Disabilities Act (ADA) establishes federal safeguards, and California's Fair Employment and Housing Act (FEHA) provides more extensive protections for workers within the state.

Discrimination based on disability can take several forms:

  • Denying employment to someone due to their disability.
  • Failing to participate in a collaborative dialogue to determine appropriate accommodations.
  • Failing to make reasonable accommodations for workers with disabilities.
  • Subjecting employees to differential treatment or harassment due to their disability.
  • Unjustly dismissing or downgrading an employee because of their disability.

Key Elements of Disability Discrimination

  1. Definition of Disability: According to FEHA, a disability is any condition that restricts a significant life activity, encompassing physical, mental, and social well-being.
  2. Reasonable Accommodation: Employers must offer reasonable accommodations unless it creates an undue burden for the business. Accommodations can include adjusting work hours or supplying helpful equipment.
  3. Interactive Process: Upon an employee's request for accommodation, employers are obligated to participate in a prompt and sincere interactive process to identify suitable and effective accommodations.


To ascertain whether you have grounds for a disability discrimination claim, several key factors need to be assessed:
  • Disability Recognition: It's necessary to prove that you have a recognized disability as per the relevant laws, like the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA). This generally refers to a condition that substantially restricts one or more major life activities.
  • Job Qualification: Show that, regardless of your disability, you are qualified for the role. This implies you possess the required skills, experience, and education, and can carry out the job's core duties, with or without reasonable accommodations.
  • Negative Employment Action: You must have been subjected to an unfavorable employment decision or action. This could include being overlooked for a job or promotion, being unjustly terminated, facing unequal treatment in job duties, or being denied reasonable accommodations.
  • Connection to Disability: There should be evidence or grounds to believe that the negative employment action was a direct consequence of your disability. This might be evident through discriminatory comments, consistent patterns of behavior, or actions that unfairly affect disabled individuals.
  • Employer’s Awareness: It's essential that your employer was informed about your disability, either through direct conversation, formal accommodation requests, medical records, or other methods.
  • Unequal Treatment: Evidence of discrimination can be supported if colleagues without disabilities in similar situations received better treatment.
  • Employer’s Justification: Examine the explanations given by your employer for the negative action. If these explanations appear baseless, inconsistent, or change over time, they could be a cover-up for discriminatory intentions.
  • Evidence and Witnesses: Any written correspondence, official records, witness accounts, or other supporting evidence of discriminatory behavior will strengthen your case.
  • Legal Timeframe: Make sure you're within the legal deadline to file a claim. Laws specify a certain period after the discriminatory act during which a lawsuit or complaint must be lodged.

If you think you've been discriminated against due to a disability, it's vital to seek advice from a lawyer with experience in this area. They can analyze your situation in detail, collect the required proof, and offer guidance on the best way to proceed with your claim. For individuals in Los Angeles, Employment Attorneys Sacramento provides a thorough assessment and legal support in such cases, ensuring your rights are protected and advanced.

Assistance from Employment Attorneys Sacramento

If you suspect you've been subjected to disability discrimination, the legal team at Employment Attorneys Sacramento can offer:



  • Case Review: Our seasoned lawyers will assess your situation, offering insights into the potential validity and advantages of your claim.
  • Legal Advocacy in Court: We will vigorously defend your interests, striving for fairness, financial compensation, and the safeguarding of your rights.
  • Settlement Discussions: Our team is skilled in negotiating settlements with your employer, seeking to achieve peaceful resolutions without lengthy court battles.

Those who have experienced disability discrimination might qualify for various forms of compensation, such as getting their job back, receiving lost wages, obtaining a promotion, securing reasonable accommodations, and getting compensation for emotional suffering.

Demonstrating Disability Discrimination

Successfully proving a case of disability discrimination involves meticulously outlining certain key components. Initially, the employee must show they have a legally recognized disability. Following this, it's important to confirm that the employee was suitable for the position and capable of fulfilling its primary duties, whether with or without reasonable accommodations. A crucial part of the case is demonstrating that the employee faced a negative employment action, like being overlooked for advancement, unfairly dismissed, or denied necessary accommodations. It must be proven that this negative action was a direct result of the employee's disability. Collecting evidence is vital—this might include personal accounts, records of unequal treatment compared to colleagues without disabilities, instances of accommodation refusal, or any disparaging comments related to the disability. Additionally, revealing that the employer's stated reason for the negative action is merely a pretext, concealing discriminatory intent, can enhance the case. Due to the complexities of disability discrimination laws, obtaining expert legal advice, such as that offered by Employment Attorneys Sacramento, is crucial in effectively handling and supporting these claims.

Remedies for Those Affected by Disability Discrimination

Individuals who have been victims of disability discrimination may be eligible for compensation, which varies depending on the specifics and severity of the discrimination they've encountered. Often, victims can claim and receive back pay, covering lost wages, bonuses, benefits, and other compensation due to discriminatory actions. Front pay may also be granted, compensating victims for expected future losses caused by the discrimination. If the discriminatory actions were especially egregious or intentional, victims might be awarded punitive damages, designed to penalize the employer and prevent future misconduct. Furthermore, compensation for emotional distress, pain, and suffering is commonly available, acknowledging the mental and emotional impact of discrimination. Expenses incurred out-of-pocket, such as medical or counseling costs resulting from discriminatory acts, can also be reimbursed. Finally, in certain situations, legal fees and court expenses may be recovered. It's crucial for victims to seek guidance from experienced legal professionals, like the attorneys at Employment Attorneys Sacramento, to ensure they pursue and secure the full range of compensation they are entitled to.

Contact Us

The legal aspects of disability discrimination are complex and demand specialized knowledge. If you think you've faced discrimination due to your disability or have inquiries about your rights as a worker, get in touch with Employment Attorneys Sacramento promptly. Our committed team is prepared to support you and fight for the justice you are owed.

Employees are protected from disability discrimination by both Federal and State laws.

State Law

In California, the Fair Employment and Housing Act (FEHA) prevents employers from discriminating against employees with disabilities. For an employer to be held accountable for disability discrimination under FEHA, several conditions must be met.
First, you must ascertain if your disability is covered under the FEHA statute. Generally, most physical disabilities like blindness and paraplegia, along with some mental disabilities such as anxiety and clinical depression, are recognized under FEHA. A complete list of disabilities recognized under FEHA is provided below.
Second, the employer must have been made aware of the disability. It's not necessary for you to have personally informed your supervisor; it's enough if your employer knew (or should have known) about your disability through observation or information from someone else.
Third, your employer is obligated to offer you reasonable accommodations to enable you to perform your job's key duties. However, this requirement doesn't apply if the employer can demonstrate that the accommodation would cause significant difficulty or expense to the business, or significantly risk the well-being of other employees. If you're uncertain whether the accommodation you're seeking is considered an "undue hardship," please reach out to us.

Federal Law

Several Federal laws also safeguard employees with disabilities from discrimination, most notably the Americans with Disabilities Act (ADA). The ADA shares many similarities with FEHA in terms of protections, but there are some key distinctions:

  • Employers Covered: The ADA covers all private sector employers with 15 or more employees, while FEHA covers employers with 5 or more employees.
  • Severity of Disability: Under the ADA, the physical or mental impairment must substantially limit a major life activity, a requirement not present in FEHA. This means FEHA has a broader scope in recognizing certain physical and mental disabilities.
  • Caps on Damages: The ADA limits damages to compensatory and punitive damages, whereas FEHA does not impose any caps on civil damages.

In California, an individual is classified as disabled if they meet any of the following conditions:

  • They have a physical or mental condition that restricts one or more significant life activities.
  • They have a documented history of such a condition.
  • They are perceived as having such a condition.
  • They are perceived or treated by their employer as having a condition that, while not currently disabling, has the potential to become a physical disability.
  • They have a health condition necessitating special education or related support.

California defines "disability" to encompass the following:

(1) Mental disabilities that restrict a significant life activity, such as:

  • Conditions like emotional or mental disorders
  • Cognitive impairments
  • Clinical depression
  • Bipolar disorder
  • Conditions on the autism spectrum
  • Schizophrenia
  • Post-traumatic stress disorder (PTSD)
  • Obsessive-compulsive disorder (OCD)

(2) Physical disabilities, which include, but aren't limited to, any anatomical loss, physical disfigurement, or physiological disease, condition, or disorder that simultaneously:

(a) Impacts one or more of these body systems: neurological, immune, musculoskeletal, special sense organs, respiratory (including speech), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, circulatory, skin, and endocrine; and
(b) Restricts a significant life activity.
Examples of physical disabilities are visual impairments like blindness, hearing loss, absence of limbs, conditions affecting mobility, cerebral palsy, and illnesses such as HIV/AIDS, hepatitis, epilepsy, diabetes, multiple sclerosis, and heart conditions.

(3) Disabilities requiring special education, like significant challenges in listening, speaking, reading, writing, reasoning, or mathematical skills. Examples include brain injuries, dyslexia, and developmental aphasia.

(4) A documented or historical record of a disability, covering individuals who may not currently have a disability but have experienced an impairment in the past.

(5) Perceived disabilities, where individuals might be categorized if their employers believe they have, or once had, a physical or mental condition that doesn't currently impair them but might become a disability later on.

(6) Medical conditions, including impairments related to cancer or genetic traits that elevate an individual's susceptibility to a disease or disorder.
Additionally, both FEHA and the ADA forbid employers from discriminating against an employee due to their relationship or association with someone who has, or is believed to have, a disability.

  • Not every disability or ailment is covered under FEHA, and certain conditions are expressly excluded by law. Here are some typical examples of conditions not protected:
    • The common cold
    • Influenza (the flu)
    • Sprains
    • Bruises
    • Muscle soreness
    • Minor cuts
    • Kleptomania
    • Compulsive gambling
    • Pyromania

State and federal disability regulations mandate that eligible employers provide reasonable accommodations for an employee's disability, provided the employer is aware of it. However, an employer is exempt from this obligation if they can show that the accommodation would cause significant difficulty or expense.

Defining "Reasonable Accommodation"

A "reasonable accommodation" refers to any alteration or adjustment in a job that enables a person with a disability to have an equal employment opportunity. This could also be any change that effectively allows an employee to carry out their job's essential duties. However, the definition of "reasonable" can vary based on the specific nature of the employee's work, making it a subject of potential discussion.

When Must My Employer Offer a Reasonable Accommodation?

Before offering accommodations, an employer is obligated to participate in what's termed the "interactive process." This process begins as soon as the employer learns of the employee's qualifying disability, whether directly, through observation, or via a third party. Subsequently, the employer and employee should share relevant information to identify an appropriate accommodation that enables the employee to perform their job's essential tasks. It's important to note that an employer isn't required to alter a job or policy in a way that would fundamentally change the job's essential duties.

  • Throughout the interactive process, the employer is obligated to promptly and genuinely either approve the employee's accommodation request or, after due consideration, reject it. Following a rejection, they should engage in discussions with the employee about potential alternative accommodations. The employer is also permitted to ask for medical records, but they are not allowed to inquire about the specific medical reasons behind the disability. The employer can, however, seek a second medical opinion. The employee is responsible for supplying medical documentation that verifies the existence of a physical or mental disability. Under certain conditions, the employee might also need to provide details such as their educational background, to help assess the need for alternative accommodations. Contact one of our disability discrimination attorneys today to ascertain if your employer is unlawfully withholding accommodations. If your employer doesn't offer you reasonable accommodations or doesn't participate in the interactive process with you, you might have grounds for compensation and could potentially file a lawsuit for "Failure to Provide Reasonable Accommodations" and "Failure to Engage In The Interactive Process."

  • The concept of "reasonable accommodation" is broad and includes, but isn't limited to, the following:
    • Offering personal assistants or attendants to support a qualified individual with a disability in carrying out a key job responsibility;
    • Adapting existing employee facilities to be easily accessible and usable for individuals with disabilities (this could involve ensuring accessible break areas or restrooms, or designating accessible parking spots);
    • Adjusting job structures;
    • Implementing part-time or flexible work schedules;
    • Transferring to an available position that matches the individual's qualifications;
    • Obtaining or adapting equipment or tools;
    • Adjusting tests, training resources, or company guidelines;
    • Supplying helpful aids like readers or interpreters;
    • Granting an extension of leave, whether paid or unpaid;
    • Permitting employees to have service animals at their workplace;
    • Altering management approaches (for instance, breaking down intricate tasks into simpler steps);
    • Offering supplementary training;
    • Allowing changes in the timing and/or method of performing a key task;
    • Making adjustments or changes to tests, training resources, or company guidelines;
    • Amending a company policy;
    • Enabling remote work arrangements.

  • Your employer is not obligated by the concept of reasonable accommodation to:

    • Create a new position for a job applicant who doesn't meet the qualifications of the role they initially applied for.
    • Reduce standards of quality or output to accommodate an employee.
    • Supply items for personal use, such as eyeglasses or hearing aids.

  • For an in-depth exploration of this topic, please refer to our blog entry titled, "How to Request Workplace Adjustments Following an Injury."

  • Regrettably, such situations are quite common. If your employer has denied your request for disability accommodation, you might have grounds for a legal claim. It's unlawful for an employer to fail to provide reasonable accommodations, and an employee may have the right to seek damages. An employee can also file a claim for the employer's failure to participate in the interactive process. Furthermore, under FEHA, the simple act of requesting a reasonable accommodation is protected, and an employer is prohibited from discriminating or retaliating against an individual for making such a request, irrespective of whether the accommodation was ultimately granted. See claims related to Failure to Accommodate. Questions You Might Be Considering
    • Is my employer allowed to retaliate against me for requesting an accommodation they find objectionable?
    • What steps should I take if my employer insists I perform tasks that go against my medical restrictions?
    • Is it legal for my employer to terminate my employment due to my ADD?

  • Statute of Limitations

    A statute of limitations defines the maximum period you have to initiate legal proceedings in court. Failing to file within this designated timeframe means forfeiting the opportunity to seek compensation for your losses. Lawsuits related to disability discrimination are subject to a statute of limitations.
    What's the Time Limit for Filing a Disability Discrimination Claim?
    For disability-related lawsuits, you have 180 days from the most recent discriminatory incident to secure a "right-to-sue" letter from the Equal Employment Opportunity Commission (EEOC). Following this, you have 90 days to commence legal action in court. Alternatively, the Department of Fair Employment and Housing (DFEH) allows one year from the last discriminatory act to obtain a "right-to-sue" letter. After receiving this letter from the DFEH, you have an additional year to file a lawsuit in State court. Therefore, your wrongful termination matter is time-constrained, requiring swift action to contact an attorney and safeguard your legal options.

    What Happens If the Deadline to File a Wrongful Termination Lawsuit Has Expired?

    Generally, if you miss the filing deadline set by the statute of limitations, recovery is no longer possible. However, a proficient lawyer might explore one potential avenue: the Continuing Violations Doctrine. This doctrine can potentially extend the one-year period if the employee's legal representative can establish that some of the employer's actions occurred outside the one-year limit AND those actions are closely connected to actions that took place within the one-year timeframe.