Disability Discrimination

Your Rights Under California’s Fair Employment and Housing Act and the ADA

California law protects employees with disabilities from being fired, demoted, denied accommodation, or treated differently because of a medical condition. Under the Fair Employment and Housing Act (FEHA), an employer cannot discriminate against an employee or job applicant because of a physical or mental disability or a medical condition. These protections reach further than the federal Americans with Disabilities Act (ADA), and they apply to far more employers.

If your employer has discriminated against you, refused to accommodate a disability, or punished you for requesting one, your rights may have been violated.

What Counts as a Disability Under California Law

FEHA defines disability broadly. A condition qualifies if it limits a major life activity, including working. This is a lower standard than the ADA, which requires a condition to substantially limit a major life activity. Conditions that are episodic, in remission, or controlled by medication can still qualify. Protected conditions include:

• Physical disabilities, chronic illnesses, and injuries
• Mental health conditions such as depression, anxiety, and post-traumatic stress disorder
• Medical conditions such as cancer, or a record or history of cancer
• Conditions that are episodic or in remission, such as epilepsy or multiple sclerosis
• Pregnancy-related conditions

You are also protected if your employer treats you as having a disability, even if you do not.

Reasonable Accommodation and the Interactive Process

If you have a disability, your employer must provide a reasonable accommodation that allows you to perform the essential functions of your job, unless doing so would cause significant difficulty or expense. Accommodations can include a modified schedule, time off to recover or attend treatment, changes to equipment or a workstation, reassignment to a vacant position, or adjustments to how tasks are performed.

The law also requires the employer to engage in the interactive process, a timely and good-faith discussion to identify a workable accommodation once it knows an employee may need one. Under FEHA, failing to engage in that process is its own violation, separate from failing to provide an accommodation. An employer cannot simply refuse to discuss accommodation or decide on its own that nothing can be done.

How FEHA Compares to the Federal ADA

Most California disability claims are brought under FEHA because it reaches further than federal law. FEHA applies to employers with five or more employees, while the ADA applies only to employers with fifteen or more. FEHA also defines disability more broadly, gives employees up to three years to file a complaint with the state, and does not cap damages the way some federal claims do. Many claims are brought under both laws at once.

Pursuing a Disability Discrimination Claim

Before filing a lawsuit, you generally must file a complaint with the California Civil Rights Department and obtain a right-to-sue notice. You typically have up to three years from the last act of discrimination to begin, though it is better not to wait, because evidence and witnesses are easier to secure earlier.

Depending on your situation, you may recover lost wages and benefits, compensation for emotional distress, and in some cases additional damages and penalties. The law may also require your employer to pay your attorney’s fees if a violation is found. Each situation is different, so it is important to speak with an attorney before making major decisions about your job or a potential claim.

Frequently Asked Questions

What qualifies as a disability under California law?

A physical or mental condition qualifies under FEHA if it limits a major life activity, including working. This is a lower standard than the ADA, so conditions that are episodic, in remission, or controlled by medication can still qualify.

Does my employer have to accommodate my disability?

In most cases, yes. Your employer must provide a reasonable accommodation that lets you perform the essential functions of your job, unless it would cause significant difficulty or expense, and must discuss possible accommodations with you in good faith.

Can my employer fire me for requesting an accommodation?

No. It is unlawful to retaliate against you for requesting an accommodation, reporting discrimination, or filing a complaint. Discipline or termination after you assert your rights may be a separate violation of the law.

How is FEHA different from the ADA?

FEHA covers smaller employers, with five or more employees compared with fifteen under the ADA. It defines disability more broadly, allows more time to file, and does not cap damages the way some federal claims do.

How long do I have to file a disability discrimination claim in California?

You generally have up to three years from the last act of discrimination to file a complaint with the California Civil Rights Department, a required step before most lawsuits. It is best to act promptly so evidence and witnesses can be preserved.

Schedule Your Free Consultation

At Righetti Law in San Francisco, our attorneys represent employees in California state and federal courts and have decades of experience handling wage-and-hour and class action matters. We have recovered millions for our clients in court and in settlement.

Your consultation will be confidential, and we will not contact your employer.

Call our firm at 415-983-0900 for a complimentary, confidential consultation. You may also complete our online contact form.