What laws protect against disability discrimination in California?

California employees are protected by both federal law (Americans with Disabilities Act - ADA) and state law (Fair Employment and Housing Act - FEHA). FEHA provides broader protection, covering employers with 5+ employees (vs. ADA's 15+) and having a broader definition of disability. Both require reasonable accommodation.

What is a reasonable accommodation?

A reasonable accommodation is a modification or adjustment to a job, work environment, or workplace policies that enables a qualified person with a disability to perform essential job functions. Examples include modified schedules, equipment modifications, job restructuring, leave for treatment, and working from home.

How do I file a disability discrimination complaint in California?

You can file with the California Civil Rights Department (CRD) within 3 years of the discriminatory act, or with the EEOC within 300 days. After receiving a right-to-sue notice, you can file a lawsuit. Many attorneys recommend filing with CRD due to California's broader protections and longer deadlines.

Can I be fired while on disability leave in California?

It depends. Employers cannot fire you because of your disability, but they can terminate for legitimate reasons unrelated to disability. If you're on protected leave (FMLA, CFRA) and terminated, this may be illegal retaliation. The key is whether the disability or leave was a motivating factor in the termination.

Do I Need a Lawyer for Disability Discrimination?

Answer a few questions to get personalized guidance for your California ADA/FEHA case

What type of disability discrimination have you experienced?

Different violations may have different remedies and processes

Denied reasonable accommodation request

Terminated or forced to resign due to disability

Harassment or hostile work environment based on disability

Not hired or passed over for promotion due to disability

Did you request a reasonable accommodation in writing?

Documentation of accommodation requests is important for your claim

Yes, I have written documentation of my request

Yes, but mostly verbal - some documentation exists

I requested accommodation verbally only

My disability is obvious and known, but I didn't make a formal request

How did your employer respond to your accommodation request?

The interactive process is legally required in California

Outright denied without discussion or consideration

Engaged briefly but ultimately refused to accommodate

Offered an alternative accommodation I felt was inadequate

We're still in discussions / no final decision yet

Do you have medical documentation of your disability?

Medical evidence supports your claim

Yes, comprehensive medical documentation

Yes, but may need updated documentation

Some documentation but not comprehensive

No formal documentation yet

What is your current employment status?

This affects urgency and potential damages

Still employed, facing ongoing discrimination

On leave and uncertain about return

Recently terminated or forced to resign

Left more than a few months ago

How large is your employer?

Company size affects which laws apply

15+ employees (covered by both ADA and FEHA)

5-14 employees (covered by FEHA only)

Fewer than 5 employees

Not sure of exact size

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You Should Hire a Disability Discrimination Lawyer

Your case involves significant issues that benefit strongly from professional legal representation.

Why legal help is important:

Disability discrimination cases require extensive documentation
Employers will have experienced defense attorneys
Strategic decisions about agency filing vs. lawsuit
Potential for significant compensatory and punitive damages
Complex laws with specific procedural requirements
Many employment attorneys work on contingency

Book $125 Consultation Find a Disability Discrimination Attorney CA Bar Lawyer Referral

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Legal Consultation Recommended

Your situation has moderate complexity. A consultation will help you understand your options and the strength of your claim.

Options to consider:

Consultation with an employment attorney
File a complaint with California Civil Rights Department (CRD)
Request mediation through CRD
Document ongoing discrimination while deciding
Consult before making any decisions about resignation

Book $125 Consultation Get Consultation File CRD Complaint

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You May Be Able to Start This Process Yourself

For ongoing accommodation issues, you can take some steps independently while considering whether to involve an attorney.

Recommended steps:

Put your accommodation request in writing if you haven't
Document all interactions about your disability
Request to engage in the "interactive process"
File a complaint with CRD if employer won't cooperate
Consider a consultation if situation doesn't improve
Know that attorneys are often needed for lawsuits

File CRD Complaint Consult Attorney If Needed

Understanding Disability Discrimination in California

California provides some of the strongest disability discrimination protections in the country. Both the federal Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA) protect employees with disabilities, but FEHA offers broader coverage and stronger protections.

ADA vs. FEHA Comparison

Feature	ADA (Federal)	FEHA (California)
Employer Size	15+ employees	5+ employees
Definition of Disability	Substantially limits major life activities	Broader - "limits" is enough
Interactive Process	Encouraged	Legally required
Filing Deadline	300 days (EEOC)	3 years (CRD)
Damages Cap	Capped by employer size	No cap on compensatory/punitive

What Qualifies as a Disability Under FEHA?

California's definition is broader than federal law. A disability includes any:

Physical or mental condition that limits a major life activity
Condition that is associated with disability (e.g., HIV/AIDS)
Genetic information that may cause future disability
Medical condition including cancer or its history
Need for reasonable accommodation

Examples of Reasonable Accommodations

Modified work schedules or part-time hours
Leave for medical treatment or recovery
Job restructuring to remove non-essential functions
Modified equipment or assistive technology
Working from home or remote work options
Reassignment to a vacant position
Changes to workplace policies
Accessible parking or workspace modifications

The Interactive Process

Under FEHA, employers MUST engage in a good-faith interactive process with disabled employees. This includes:

Employer identifies the employee's limitations
Employer and employee discuss possible accommodations
Employer considers all reasonable accommodations
Employer selects an effective accommodation
If initial accommodation fails, the process continues

Failure to engage in this process is itself a violation of law.

Filing Deadlines

Agency/Claim	Deadline	Notes
California CRD	3 years	Can request immediate right-to-sue
EEOC (federal)	300 days	Cross-filed with CRD automatically
Lawsuit after CRD	1 year after right-to-sue	After receiving notice

Potential Damages

Back pay: Lost wages from termination/demotion
Front pay: Future lost wages if reinstatement isn't feasible
Compensatory damages: Emotional distress, pain and suffering
Punitive damages: For malicious or reckless conduct
Reinstatement: Return to your job
Attorney's fees: Employer may pay your legal costs

DIY vs. Hiring a Lawyer

Situation	DIY Possible	Attorney Recommended
Ongoing accommodation request	May resolve with written request	If employer refuses to cooperate
CRD complaint	Can file yourself	Complex cases benefit from help
Lawsuit	Very difficult pro se	Almost always need attorney
Termination case	High stakes	Strongly recommended

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