5 Examples of Disability Discrimination Against Workers and Applicants in California

Disability discrimination generally occurs when an employer treats a qualified worker or applicant unfavorably because of a physical or mental disability, a perceived disability, or a history of one. In California, these protections come from both the federal Americans with Disabilities Act (ADA) and the state Fair Employment and Housing Act (FEHA), codified at California Government Code §12940. FEHA is often broader than the ADA and generally applies to employers with five or more employees, while the ADA typically applies to employers with 15 or more. Both laws protect against unfair treatment in hiring, pay, promotions, job assignments, and termination. If you believe your disability played a role in how you were treated, a free case review can help you sort out which protections may apply.

Refusing to hire a qualified applicant because of a disability is generally unlawful under both FEHA and the ADA. An employer may not reject you simply because you have a disability, use a wheelchair, or would need a reasonable accommodation to perform the job. What matters is whether you can perform the essential functions of the position, with or without reasonable accommodation. Warning signs may include being screened out after disclosing a medical condition, intrusive pre-offer medical questions, or an offer withdrawn immediately after a required exam. In most cases, an employer must show a legitimate, non-discriminatory reason for its decision. If a promising opportunity disappeared right after your disability came up, our team may be able to review what happened.

Denying a reasonable accommodation without going through the required process is one of the most common forms of disability discrimination. Under FEHA, employers generally must engage in a timely, good-faith “interactive process” to identify accommodations that let a disabled employee perform essential job duties. Reasonable accommodations can include modified schedules, remote work, assistive technology, accessible workspaces, or reassignment to a vacant position. An employer may lawfully decline only if the accommodation would cause an “undue hardship,” which is a high standard that depends on cost, resources, and operations. Ignoring a request, refusing to discuss options, or dismissing a doctor’s note may point to a violation. A legal professional can help you evaluate whether your request was handled properly.

Harassment based on a disability can be unlawful when it is severe or pervasive enough to create a hostile work environment. This may include offensive jokes, mocking a medical condition, slurs, or repeated demeaning comments from supervisors, coworkers, or even clients the employer fails to address. Under FEHA, employers generally have a duty to take reasonable steps to prevent and correct harassment once they know or should know about it. A single serious incident can sometimes qualify, though courts often look at how frequent and hostile the conduct is. Documenting dates, witnesses, and specific comments generally strengthens a claim. If disability-related mistreatment has made your workplace unbearable, we may be able to help you understand your options.

Demoting, cutting the hours of, or terminating an employee because of a disability or medical condition is generally prohibited under FEHA and the ADA. This includes firing someone for taking protected medical leave, penalizing performance problems caused by an unaccommodated disability, or pushing a worker out after a diagnosis. Employers often cite “performance” or “restructuring,” so timing and documentation frequently matter, such as a sudden negative review that appears shortly after you disclose a condition. Wrongful termination tied to disability may overlap with other protections, including medical leave and retaliation laws. If your job status changed soon after your disability became known, a free case review can help clarify whether the decision may have been unlawful.

Retaliating against an employee for requesting an accommodation or reporting discrimination is itself a separate violation under FEHA and the ADA. Simply asking for a reasonable accommodation, filing an internal complaint, or supporting a coworker’s complaint is protected activity. Retaliation can take many forms, such as demotion, reduced hours, undesirable shifts, exclusion from meetings, sudden discipline, or termination. In most cases, you do not have to prove the underlying discrimination claim was successful to bring a retaliation claim, only that you engaged in protected activity and suffered an adverse action because of it. If things got worse right after you spoke up, our team may be able to review the sequence of events with you.

California workers with disabilities generally have strong protections under FEHA, which many consider broader than federal law. These rights include protection from discrimination in hiring and firing, the right to a good-faith interactive process, the right to reasonable accommodation absent undue hardship, and protection from harassment and retaliation. FEHA generally covers employers with five or more employees and protects a wide range of physical and mental conditions, including many that limit a major life activity. Job applicants are protected too, not just current employees. Because state and federal rules can overlap and deadlines are strict, understanding which law fits your situation is important, and a legal professional can help you map out your specific rights.

If you experience disability discrimination, a strong first step is generally to document everything and then speak with a legal professional about filing a complaint. Keep copies of emails, accommodation requests, performance reviews, and notes on incidents with dates and witnesses. In California, claims typically begin with the Civil Rights Department (CRD), and workers generally have up to three years to file a CRD complaint under current law, though other deadlines and the federal EEOC process may apply. You often must obtain a “right-to-sue” notice before filing a lawsuit. Because these timelines are strict and easy to miss, it is generally wise to act promptly. Our team can walk you through the process during a free case review.

Workers who prove disability discrimination may be able to recover several types of compensation, though outcomes vary case by case. Potential remedies can include lost wages and benefits (back pay and front pay), compensation for emotional distress, reinstatement or a change in job status, and attorney’s fees and costs. In some cases involving especially egregious conduct, punitive damages may be available. Courts may also order an employer to change its policies. The value of any claim generally depends on the facts, the harm suffered, and the strength of the evidence, so no result is ever certain. A legal professional can give you a clearer, individualized picture during a free consultation.