California has some of the best disability protections in the country. Per the Fair Employment and Housing Act (FEHA), employers with five or more workers cannot discriminate against employees because of a physical or mental disability. That protection covers every stage of employment, from hiring to promotion to termination.
Despite that, disability discrimination still happens regularly in workplaces across the state. If you have experienced it, knowing how to file a claim is an important first step toward holding your employer accountable and recovering compensation for what you have been through.
What Qualifies as a Disability Under California Law?
The FEHA defines disability more broadly than federal law does. Per the Americans with Disabilities Act (ADA), a condition must “substantially limit” a major life activity to qualify. Under the FEHA, however, a condition only needs to “limit” a major life activity, which is a significantly lower bar. That means more conditions qualify for protection under California law than under federal law.
Temporary conditions can be covered within this framework, including something like a broken bone or a recovery from surgery. The law also covers mental health conditions like depression and PTSD.
What Does Disability Discrimination Look Like?
Disability discrimination does not always look obvious; it often shows up in patterns that build over time rather than in a single clear-cut moment. Some of the most common forms include:
- Termination shortly after disclosing a disability or requesting an accommodation
- Refusal to provide reasonable accommodations such as modified duties
- Failure to engage in the interactive process, which is a good-faith conversation between you and your employer about what accommodations could work
- Harassment based on your condition that creates a hostile work environment
- Retaliation after you request accommodations or file a complaint about discriminatory treatment
If any of these situations sound familiar, you may have a valid disability discrimination claim.
How To File a Disability Discrimination Claim in California
Before you can file a lawsuit against your employer, California law requires you to go through an administrative step first. This is called “exhausting your administrative remedies,” and it starts with the California Civil Rights Department (CRD).
Here is what the process generally looks like:
- File a complaint with the CRD: You have three years from the date of the last discriminatory act to submit your complaint. This can be done online, by mail, or in person. Your complaint should include specific details about what happened and who was involved.
- Request a right-to-sue notice: You can either ask the CRD to investigate your claim or request an immediate right-to-sue notice so you can proceed directly to court. Many employees choose the second option so they can move forward with a lawsuit on their own timeline.
- File a civil lawsuit: Once you receive your right-to-sue notice, you have one year to file a lawsuit in civil court. Missing that deadline could permanently bar your claim.
Documentation makes an important difference throughout this process. The more you have on record, the harder it becomes for your employer to claim the treatment was unrelated to your condition.
Contact an Experienced Employment Lawyer To Schedule an Initial Consultation
If you believe your employer discriminated against you because of a disability, do not wait to get legal advice. An experienced employment lawyer can help you gather the necessary evidence and file your claim within the applicable deadlines.
Fairchild Employment Law has 20+ years of combined experience in the field and is ready to get to work for you next. Call us today at (619) 853-2713 to schedule a consultation.