Disability discrimination in the workplace can take many forms—some obvious, others more subtle. Under both California law and the Americans with Disabilities Act (ADA), employees with disabilities are protected from unfair treatment, harassment, and denial of reasonable accommodations. If you believe you’re being treated unfairly because of a physical or mental disability, understanding your rights is the first step toward taking action.
What Counts as Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a real or perceived physical or mental disability.
Examples of Discriminatory Behavior
- Refusing to hire or promote someone because of a disability
- Terminating an employee after disclosing a medical condition
- Denying reasonable accommodations, such as modified schedules or assistive devices
- Making offensive remarks or jokes about a disability
- Isolating or excluding an employee from meetings, opportunities, or training
California’s Fair Employment and Housing Act (FEHA) provides broader protections than federal law, covering a wide range of physical and mental conditions, including chronic illnesses, depression, anxiety, and learning disabilities.
Your Right to Reasonable Accommodations
If you have a disability, your employer is legally required to engage in a timely, good-faith interactive process to determine what accommodations can help you perform your job duties.
Reasonable Accommodations May Include:
- Modified work schedules or duties
- Ergonomic equipment or assistive technology
- Remote work options or additional breaks
- Medical leave or reduced hours during treatment
- Reassignment to a vacant position if available
An employer is only allowed to deny accommodations if they can prove it would cause undue hardship to the business.
How to Respond to Discrimination or Denied Accommodations
If you’re experiencing discrimination or have been denied accommodations, it’s important to take action to protect your rights.
Step 1: Document Everything
Keep a detailed record of:
- Dates and content of conversations with HR or supervisors
- Requests for accommodations (keep emails, letters, or forms)
- Any negative treatment that began after you disclosed a disability
- Performance reviews before and after your request
Step 2: Follow Internal Procedures
If your company has an HR department or internal complaint process, consider using it to document your concerns. Even if it doesn’t resolve the issue, it establishes a paper trail.
Step 3: Seek Legal Advice
Disability discrimination cases can be complex, especially when employers try to disguise discriminatory behavior as performance-related. A skilled employment attorney can:
- Review your documentation and evaluate your claim
- Help you formally request accommodations
- Represent you in a complaint to the Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC)
- Pursue compensation for lost wages, emotional distress, and other damages
PLBH has extensive experience helping employees assert their rights under California and federal disability laws. If you’ve been discriminated against or denied the support you need to do your job, contact PLBH at (800) 435-7542 for a confidential consultation.
What You Could Be Entitled To
If your employer has violated disability discrimination laws, you may be eligible for legal remedies including:
- Reinstatement or job modification
- Back pay and lost benefits
- Compensation for pain and suffering
- Attorney’s fees and court costs
- Punitive damages, in cases of egregious misconduct
Legal remedies not only provide financial relief but also help enforce accountability and prevent future violations.
Moving Forward with Confidence
You deserve a workplace where your abilities are recognized and supported—not one where your disability becomes a barrier to success. If you’ve been subjected to unfair treatment because of a physical or mental condition, you’re not alone—and you don’t have to face it without help.
Protect your rights by learning what the law says and taking steps to hold your employer accountable. For experienced legal support, reach out to PLBH at (800) 435-7542 and take the first step toward a better, more inclusive work environment.