California Disability Discrimination Laws – Know Your Legal Rights

Posted on January 13, 2026 | By Omid Nosrati | Employment Law

Disability discrimination in the workplace is illegal, but unfortunately not uncommon. Understanding California disability discrimination laws allows you to recognize disability discrimination and know what legal protections you have.

Recognizing Disability Discrimination at Work

Harassment, retaliation, or unequal treatment between applicants and employees with and without disabilities constitutes disability discrimination and is illegal in California. Examples of disability discrimination can include:

• Employers refusing to provide reasonable accommodations
• Employers refusing to consider or discuss accommodation requests or changes
• Retaliating against an employee for using or requesting accommodations
• Harassing an employee because of their disability
• Making hiring, promotion, demotion, or termination decisions based on an employee’s disability or accommodations
• Making pay, scheduling, or job assignment decisions based on an employee’s disability or accommodations

Reasonable accommodations are determined through communication between an employer and employee, known as the interactive process. Such discussions should be confidential and in good faith. Over half of Accommodations are free, but should be paid for by the employer as long as it doesn’t cause undue hardship. Accommodations can include a variety of accommodations, such as:

• Mobility devices
• Accessible equipment
• Accessible software
• Allowing service animals
• Allowing an interpreter
• Flexible hybrid or fully remote work schedule
• Scheduled time off for medical appointments or treatment

What Laws and Government Agencies Protect You Against Discrimination

• The Americans with Disabilities Act (ADA). The ADA is a federal law that provides workers protection from discrimination in companies with over 15 employees. The ADA prohibits discrimination, such as harassment, retaliation, or unequal treatment, based on a disability or accommodations.
• Fair Employment and Housing Act (FEHA). California’s FEHA provides workers protection from discrimination in companies with over five employees. FEHA uses a broader definition of disability than the ADA. While both FEHA and ADA prohibit discrimination related to disabilities and accommodations, FEHA enforces the use of accommodations through requiring employers to engage in an interactive process.
• California’s Civil Rights Department (CRD). The CRD enforces California civil rights laws, such as the FEHA. The CRD receives over 14,000 employment-related right-to-sue complaints for disability discrimination a year, helping investigate violations and secure compensation for workers who have been affected by disability discrimination and other civil rights violations.
• U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is a federal commission that addresses violations of federal laws, such as the ADA. The EEOC receives over 5,000 cases of disability discrimination from California alone.

Why You Should Hire a Disability Discrimination Lawyer

A lawyer is your source for all information relating to your case. A lawyer can help you by:

• Understanding legal protocols. When filing a claim, understanding who to file against, when the deadlines are, what a claim must include, and what laws were violated are all essential. A lawyer can answer these questions and ensure that legal procedures are followed.
• Collecting evidence. A lawyer can collect evidence to prove that you were discriminated against due to your disability and how the discrimination resulted in certain damages. Evidence could include witness testimonies from other employees, communications and email receipts between you and your superiors, accommodation requests, or medical documents.
• Negotiating for greater compensation. Filing a claim can lead to compensation to reduce the negative impact of discrimination on your emotional well-being, financial situation, and professional life. Your lawyer can advocate why greater compensation is justified or negotiate to include punitive damages, which are included to punish your employer, and increase compensation.
• Communicating with your employer. When filing a claim against your employer, it can be awkward or frightening to request certain evidence or communicate about the claim. Your lawyer can speak with your employer’s legal team on your behalf.
• Reducing anxiety. Filing a claim is stressful, especially after experiencing discrimination. While you recover, a lawyer can build a strong claim against your employer. They can also answer any questions you may have about your case or the process of filing a claim, ensuring you feel confident throughout this process.

FAQs

Does an Accommodation Request Need to Be in Writing?

No, an accommodation request does not need to be in writing. Verbal in-person requests, requests during a phone call, or other non-written requests should all be respected by your employer. Having documentation of the request, such as in writing, can be beneficial by providing proof of the request if a dispute occurs, but if you don’t have any records of the request, your lawyer can work with you to gather other evidence that supports your case.

What Factors Influence Compensation?

Compensation can vary depending on factors such as what laws your employer violated, the company size, and what damages you are facing as a result of their discrimination. Your lawyer can seek to include all applicable damages and negotiate for generous compensation. They may include factors such as:

• Backpay
• Front pay
• Missed or Withheld Benefits
• Emotional pain

What Disability Discrimination Penalties Can an Employer Face?

In many cases, filing a disability discrimination complaint can lead to financial penalties or required changes to company policies and practices. Your lawyer can negotiate for certain penalties that lead to compensation for you or changes that reduce the likelihood of future discrimination.

Fines and punitive damages are financial penalties against an employer. Injunctive relief is another consequence, wherein your employer may be required to change company policies, complete ongoing reporting, or institute additional training.

Can You File a Disability Discrimination Claim if You Are No Longer Employed?

Yes, you can file a claim if you are no longer employed and if your employer discriminated against you. Disability discrimination often leads to unfair termination or choosing to leave a workplace, but it’s not too late to file a claim. It is important to act quickly and hire a disability discrimination lawyer who can help you file a claim against your previous employer while meeting filing deadlines.

Learn How a California Disability Discrimination Attorney Can Help You

Dealing with disability discrimination can be traumatic and anxiety-inducing. Fighting for justice against your employer without experienced legal representation can leave you feeling alone and confused about California’s disability laws. Working with a lawyer can answer your questions and build a strong disability discrimination case. Contact Nosratilaw, A Professional Law Corporation, today to learn how a skilled discrimination lawyer can achieve the optimal outcome.