Best Disability Discrimination lawyer in California

Home > Disibility Discrimination

Have You Faced Disability Discrimination at Work? Stalwart Law Group Can Help You Win Compensation, Recover Your Losses, and Fight Back Against Ableism in the Workplace

Disability discrimination occurs when an employer treats an employee or job applicant less favorably because of their mental or physical disability. This is not only immoral, but a violation of the civil rights that protect employees with disabilities and allow equal opportunity for all California workers. Sometimes, disability discrimination is blatant and direct, like being fired after disclosing a medical condition. Other times, it takes subtle forms, such as being slowly pushed out of certain projects or being told that your role can’t support necessary accommodations without a real explanation.

If you’ve been mistreated at work because of an actual or perceived disability, Stalwart Law Group wants you to know that you have rights and protections under state and federal laws. Our disability discrimination attorneys seek to hold ableist employers accountable for their actions, and we fight and win lawsuits for workers all over California whose careers have suffered at the hands of negligent and discriminatory employers. To learn if you have a legitimate case and take the first step toward a career beyond disability discrimination, contact our offices today.

Navigate This Page:

Add a header to begin generating the table of contents

What Is The Disability Discrimination Law In California?

In California, the primary law addressing disability discrimination is the Fair Employment and Housing Act (FEHA). FEHA prohibits discrimination against employees and job applicants based on their physical or mental disabilities. The law is enforced by the California Civil Rights Department (CRD), which handles discrimination claims and ensures that all California workers receive equal employment opportunities. Despite this, many California employers break FEHA laws, and workers with disabilities pay the cost.

FEHA defines mental and physical disability as a protected characteristic, making it unlawful for employers to base their decisions on the fact (or the belief) that an employee or potential employee has a disability. This rule applies to various employment practices at all stages of the job cycle, including hiring, firing, promotions, wages, job assignments, and other terms and conditions of employment. The law also requires employers to provide reasonable accommodations to qualified individuals with disabilities to enable them to perform their job duties (unless doing so would cause an undue hardship to the employer).

California has some of the strongest protections in the nation for people with disabilities. In addition to FEHA, California has adopted regulations known as the California Code of Regulations, Title 2, Section 11065. This law provides further guidance on disability discrimination and outlines specific requirements for employers regarding reasonable accommodations, accessibility, and non-discrimination practices.

California Disability Laws vs the Americans with Disabilities Act (ADA)

It’s important to note that the definition of disability under California law is broader than the federal definition outlined in the Americans with Disabilities Act (ADA). California law covers a wider range of physical and mental impairments, ensuring broader protections for individuals with disabilities. Specifically, under the ADA, a disability must “substantially limit” a major life activity. In contrast, under California’s FEHA laws, a condition may qualify as a disability if it “limits” a major life activity. This subtle difference in language is part of what bestows greater protections on workers with disabilities in California.

If you believe you have been a victim of disability discrimination in the workplace, you can file a complaint online with the Civil Rights Department (CRD) and pursue legal action against your employer. Seeking guidance from an experienced employment attorney is highly recommended to navigate these complex laws, ensure proper representation, and obtain maximum compensation.

Examples of Disability Discrimination at Work

Disability discrimination in the workplace can take many forms. It is not always obvious or isolated to a single, egregious event. Unfair treatment of employees with disabilities might come directly from a supervisor, or it may be woven into company policy and culture, making it difficult or impossible to identify an individual source.

Here are some examples of disability discrimination in the workplace:

Reducing hours or responsibilities for an employee after a physical or mental health diagnosis
Promotion systems that only employees without disabilities can participate in
Denying promotions or career opportunities to employees based on assumptions about their capabilities
Terminating an employee soon after a medical disclosure
Excluding an employee from meetings or job assignments because they require reasonable accommodations

Allowing workplace harassment, bullying, or offensive comments about an employee’s disability
Using automated hiring software to filter out employees who require accommodations or who have gaps in employment due to medical leave
Deciding not to hire a qualified applicant after learning about their disability
Retaliating against an employee for filing a discrimination claim or requesting accommodations
Making any employment decision based on the fact or belief that a person has a disability

These are just a few of the ways disability discrimination manifests at work, and every case is unique. If any of these examples sound familiar, you likely have grounds to file a workplace discrimination claim and seek compensation through a lawsuit. Actions like these can seriously damage one’s career, livelihood, and overall well-being, which is why it’s so important to speak up against discriminatory employers with the help of an employment attorney with a proven track record.

Examples of Disability Discrimination at Work

Many workplace disability discrimination cases arise from employers’ failures to meet two requirements under disability law: providing reasonable accommodations and participating in the interactive process with covered employees. Under both the FEHA and the ADA, employers have a legal obligation to provide accommodations (modifications or adjustments, within reason) that enable employees with disabilities to perform essential job functions. Critically, employers must also engage in the interactive process: a collaborative, good-faith dialogue with the employee to identify adequate accommodations that meet their needs.

How To File A Claim For Disability Discrimination In The Workplace In California

If you believe you have been a victim of disability discrimination in the workplace in California, there are clear steps you can take towards restoring peace to your workplace. You can complete some steps on your own, but consulting an experienced lawyer will ensure that you navigate and submit your discrimination claim as effectively as possible.

1. Document the Discrimination

Record any instances of disability discrimination, including times, dates, places, people involved, and what was said or done. This evidence will be crucial to support your claim and will help your lawyer assess the strength of your case during your consultation. Testimonies from coworkers who witnessed the discrimination can also serve as vital evidence.

2. Consult with a Disability Discrimination Attorney

Employment litigation and disability discrimination are complex areas of law, and companies typically have legal teams ready to defend against claims. Don’t try to navigate a claim or lawsuit by yourself. The experienced disability discrimination lawyers at Stalwart Law Group can help you understand your rights, evaluate the strength of your case, and guide you through the entire process.

3. File a Complaint with the Civil Rights Department (CRD)

Before you can file a lawsuit in court, you generally need to file a complaint with the CRD, which is responsible for enforcing California’s laws against workplace disability discrimination. You can file a complaint online through the CRD’s website. You can also file a complaint with the EEOC, though California’s protections for workers with disabilities are broader.

When filing a complaint, you should provide as much detail as possible about the discriminatory practices you have experienced. They may also attempt to resolve the dispute by mediating a discussion between you and your employer. The experienced legal team at Stalwart Law Group can assist you throughout this process, including representation in mediations.

4. Obtain a Right-To-Sue Notice

If the CRD finds evidence of discrimination, it can file a lawsuit against your employer on your behalf. However, if it decides not to file a lawsuit, it will issue you a right-to-sue notice, which allows you to file a lawsuit with your legal team. From this point, your disability discrimination lawyer will file the lawsuit in court, notify the employer of your demands, and prepare for the possibility of trial by building a strong case to support your claims.

How to prove disability discrimination in California

Proving disability discrimination can be challenging, but employment attorneys use specific steps and strategies to win complex claims. In short, to prove disability discrimination, you generally need to show that you 1) have a disability, 2) faced an adverse action from your employer, 3) that your employer’s decision was based on the disability, and 4) that you’ve sustained measurable losses as a result. The experienced team of disability discrimination lawyers at Stalwart Law Group can help you do this effectively and create a compelling case against your employer.

Below are some of the processes involved in proving workplace disability discrimination:

Establishing the Basic Evidence

The first step in proving disability discrimination is to establish what is called “prima facie” evidence. This means showing that you have a covered disability, usually by providing medical records, and that you are qualified and able to perform your job duties with (or without) reasonable accommodations. You’ll also have to show that your employer knows you have a disability, or at the very least, that they regard you as having one. This forms the basis of your claim.

Recording Adverse Actions and Requests for Accommodations

Documenting your accommodation requests, how your employer responded, and whether they engaged in the interactive process can help establish discrimination. You should also track any adverse employment actions in relation to your disclosure or request, such as sudden discipline, negative reviews, or demotions. A solid timeline of events will support your case, especially if adverse actions occurred after communications related to your disability.

Comparing Treatment Across Employees

Comparing the way you were treated to that of “similarly situated” employees without disabilities can help reveal discriminatory motivations. If coworkers without disabilities were given more flexibility, were not disciplined as harshly for similar conduct, or received opportunities that your boss denied to you, these differences may serve as proof. Additionally, if any coworkers can testify about the differential treatment, their statement can greatly strengthen your claim. (Note: This comparison does not require identical job roles. You can still prove workplace discrimination even if you are the only person in your role.)

Exposing Pretext and False Justifications

When you file a claim for workplace discrimination, employers will give seemingly legitimate reasons (pretext) in an attempt to justify their actions and decisions. Proving disability discrimination requires exposing inconsistencies in these explanations to uncover their bias. For example, if your boss excluded you from an opportunity at work by rejecting your request for reasonable accommodations, but they later claim that you “couldn’t perform the job,” this contradiction could indicate their decision was based on your disability.

Meeting the Burden of Proof in Discrimination Cases

It’s important to remember that the burden of proof falls on the employee to show that disability was the primary reason for the discriminatory act. You do not need to prove it was the only reason, only that it played a significant role in your employer’s decision-making. By providing documentation of your disability, records of adverse treatment, a clear timeline, and refuting your employer’s explanations with circumstantial evidence, you can build a strong narrative that meets the burden of proof and demonstrates that your employer’s actions violated California’s FEHA law. This is not an easy task, but experienced workplace discrimination lawyers know how to employ the right strategies and where to look for evidence.

How We Can Help: Fighting Disability Discrimination in California

Stalwart Law Group believes that people with disabilities should never have to struggle to justify their place in the workforce or defend their right to equal opportunity in California. If you are experiencing discrimination at work and have found yourself having to choose between your health and your career, we are prepared to strengthen your voice and stand up for you.

By filing a workplace disability discrimination lawsuit, you have the chance to stabilize your career and receive financial compensation from:

Back pay
Front pay
Lost Benefits
Emotional Distress
Accommodations for your disability
Potential punitive damages (in particularly egregious cases)

If you believe your employer treated you differently because of a disability, medical condition, or accommodation request, you may be eligible to take action. Stalwart Law Group is here to help you understand your options, build and file your case, and guide you toward maximum compensation with confidence.

There are strict time limits for employment discrimination cases. Don’t jeopardize your career by waiting too long to speak up.