When you have a disability or medical condition, you should not have to choose between protecting your health and protecting your career. California law gives employees substantial protections against disability discrimination. Those protections can shield you from discriminatory employment decisions, an employer’s failure to provide reasonable accommodation, and an employer’s failure to engage in the accommodation process.
Still, knowing that something felt unfair is different from proving that an employer violated the law. If you suspect disability discrimination, you need to know how to prove it in California. Emails, accommodation requests, medical documentation, performance records, witness testimony, and the timing of employment decisions may all help establish your claim. But before you jump into investigating your case or the claim process, you should speak to John Dalton.
The Law Office of John Dalton protects workers from mistreatment and saves livelihoods. John Dalton has multiple decades of experience and has recovered over $100 million for his clients. Our office is here to get you justice and the compensation you deserve.
Laws Against Disability Discrimination in California
Two important laws protect California employees with disabilities.
California Law
California employees receive important protections under the Fair Employment and Housing Act (FEHA). FEHA generally prohibits an employer from making the following decisions because of an employee’s disability:
- Hiring,
- Termination,
- Compensation,
- Treatment, or
- Other terms and conditions of employment.
The law also requires employers to provide reasonable accommodations.
Federal Law
The federal Americans with Disabilities Act (ADA) typically applies to employers with at least 15 employees. It protects qualified people from employment discrimination that is motivated by their:
- Having a qualifying impairment, or
- Being regarded as having a qualifying impairment.
Employers must provide equal employment opportunities to people with disabilities and reasonable accommodations to help them perform their work.
Making a Claim Under California Law Is Typically the Best Option
California’s protections are broader than federal protections. So, seeking relief under FEHA is often the better option. For instance, FEHA generally applies to employers with at least five employees, while the ADA applies to employers with at least 15 employees. Also, you have three years to initiate a claim under FEHA, while you may have 300 days or fewer to file an ADA claim with the U.S. Equal Employment Opportunity Commission (EEOC).
Disability Discrimination Examples
Disability discrimination occurs when an employer treats a person with a disability differently because of their disability. This can happen in many ways, including the following.
Basic Examples of Disability Discrimination in California
Common examples of disability discrimination may include the following:
- Soon after learning of a disability, an employer fires an employee;
- A manager denies an employee a promotion because the manager assumes the employee’s medical condition will make the person unreliable; and
- An employer regularly makes derogatory comments or offensive jokes about the physical or mental abilities of an employee with a disability.
These examples may also give rise to a valid complaint if the employee doesn’t have a disability, but their employer believes they do.
Unlawful Denial of a Reasonable Accommodation
Another major issue is reasonable accommodation. California law makes it illegal for a covered employer to deny an employee or a job applicant a reasonable accommodation. A reasonable accommodation is a work modification that does not cause undue hardship, which means it is not significantly difficult or expensive to provide.
Possible accommodations include:
- Changing job duties,
- Providing medical leave,
- Modifying schedules,
- Relocating a work area, or
- Providing equipment or other aids.
As an example, think of an employee with severe carpal tunnel syndrome who requests a dictation system to help them write reports. If an employer denies this request without investigating whether they can afford the system or whether it would be disruptive to the workplace, the employer’s denial is likely illegal.
Can You Sue for Disability Discrimination?
In general, yes. To sue under FEHA, you must first file an administrative complaint with California’s Civil Rights Division (CRD) and receive a CRD right-to-sue notice. You can also file a complaint with the EEOC and receive a right-to-sue notice from the federal agency. However, CRD cases typically provide more options for employees.
You need to make sure you’re ready to sue before you initiate a lawsuit. Starting a complaint can be high-stakes and tricky, so you should speak with the Law Office of John Dalton about the best way to proceed. Guidance from a knowledgeable and skilled attorney can help you avoid pitfalls that might affect your livelihood.
How to Prove Disability Discrimination in California
There is rarely one document that proves an entire discrimination case. Instead, evidence often becomes powerful when multiple facts fit together.
Evidence of Your Disability
Medical records, a note from your doctor, or other documentation may help establish your disability and the limitations relevant to your accommodation request. However, you should be careful about voluntarily disclosing medical information to your employer without first determining whether it is necessary. To help ensure you are properly protected, speak with an attorney like John Dalton before providing documents or signing medical authorizations.
Evidence Your Employer Knew About Your Disability
You may also need evidence showing that your employer knew about your disability or accommodation needs. This could include:
- Emails to HR,
- Written accommodation requests,
- Doctor’s notes,
- Text messages,
- Meeting notes,
- Witness testimony (including your own), or
- Communications with a supervisor.
Communications or comments from your supervisor can also prove that your employer thought you had a disability when you didn’t.
Evidence of an Adverse Action and Bias
Keep documents relating to significant negative employment decisions, including:
- Termination letters,
- Disciplinary notices,
- Demotions or transfer notices,
- Negative performance reviews,
- Changes in schedules or duties,
- Emails or text messages concerning the decision,
- Documents showing lost compensation or opportunities, or
- Documentation of the employer’s failure to provide a reasonable accommodation.
And to highlight the unlawful motivation of your employer when making these decisions, it might be helpful to provide:
- Previous positive performance reviews,
- Correspondence regarding work you have done well,
- Personnel records showing no adverse action against similarly situated employees without disabilities, or
- Documentation of the employer’s failure to provide a reasonable accommodation.
The goal is to build a clear factual record showing how you were treated differently and what happened before and after the employer learned about your disability.
The best way to determine when you can sue for disability discrimination and how to prove disability discrimination in California is to consult an experienced attorney right away. Attorney John Dalton has extensive experience with employment cases and is ready to help you.
Talk to John Dalton Before Taking Action
The Law Office of John Dalton focuses exclusively on California employment matters. We represent employees facing workplace discrimination and other employment-related problems. John Dalton is a former CIA officer and an employment attorney with decades of experience who devotes his practice to protecting workers.
Before taking action, contact John Dalton by phone or online. He can help determine the best way to protect your rights.
Frequently Asked Questions
What Evidence Is Used to Prove Disability Discrimination in California?
Evidence may include correspondence, medical documentation, performance reviews, disciplinary records, and witness testimony.
What Is the Difference Between Disability Discrimination and Failure to Accommodate?
Disability discrimination generally involves unfavorable treatment because of an actual or perceived disability. Failure to accommodate occurs when an employer fails to provide a reasonable accommodation for a disability it knows about.
Can an Employer in California Deny a Reasonable Accommodation Request?
Sometimes. An employer can deny an accommodation if it would cause undue hardship.
What Are Common Examples of Disability Discrimination in the Workplace?
Disability discrimination examples include firing someone because of a disability, refusing to hire someone because of a perceived disability, or denying a promotion based on assumptions about a medical condition. Whether a particular situation violates the law depends on the facts.
When Should I Contact a California Disability Discrimination Lawyer?
To protect yourself, contact John Dalton as soon as you suspect that your disability is affecting how your employer treats you.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Unlawful discrimination, Cal. Gov. Code § 12940 (2024).
- California Civil Rights Department, Employment Discrimination.
- California Civil Rights Department, Discrimination Laws Regarding People With Disabilities.
- California Civil Rights Department, Reasonable Accommodation.
- California Civil Rights Department, Request for Reasonable Accommodation.
- U.S. Department of Justice: Civil Rights Division, Introduction to the Americans with Disabilities Act.
- U.S. Department of Justice: Civil Rights Division, Guide to Disability Rights Laws.
- U.S. Equal Employment Opportunity Commission, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA (Oct. 17, 2002).
- California Civil Rights Department, Complaint Process.
- U.S. Equal Employment Opportunity Commission, Filing A Charge of Discrimination.