What Laws Protect Employees from Disability Discrimination in California?

At Olivier & Schreiber PC, we believe that discrimination of any kind in the workplace should never be permitted. In cases where workplace discrimination still happens and targets those with disabilities, understanding the legal remedies available is essential for protecting employee rights. California’s comprehensive laws provide significant protection for employees with disabilities, offering avenues for justice when employers violate these rights.

California employees facing disability discrimination are protected by several powerful laws that work together to enforce equal treatment in the workplace, including:

• The Americans with Disabilities Act (ADA) which offers federal-level safeguards
• The Fair Employment and Housing Act (FEHA) which provides broader protection against disability discrimination
• The Disabled Persons Act (DPA) which extends protections beyond employment to public accommodations

Here, we explore each of these legal protections, along with your options if you experience discrimination in the workplace.

What Constitutes Disability Discrimination?

Disability discrimination occurs when employers treat qualified employees or applicants unfavorably because of their disability. This could be as subtle as exclusion from meetings or as outright as demotion after a disability is disclosed. California law protects both physical and mental disabilities that limit major life activities.

Protected mental disabilities include:

• Bipolar disorder
• Anxiety disorders
• Clinical depression
• Schizophrenia
• Obsessive-compulsive disorder
• Learning disabilities (when you can perform essential job functions)

Protected physical disabilities include:

• Chronic diseases or cancer
• Diabetes
• HIV/AIDS
• Vision or hearing impairments
• Loss of limbs
• Pregnancy-related conditions

Key Disability Discrimination Laws in California

Americans with Disabilities Act (ADA)

The federal ADA protects all employees nationally who:

• Have impairments, whether physical or mental, that substantially limit major life activities
• Have a record of such impairments
• Are perceived as having such impairments

Major life activities include caring for yourself, breathing, seeing, hearing, speaking, walking, learning, and working.

Fair Employment and Housing Act (FEHA)

FEHA serves as California’s primary disability discrimination law. It requires employers to:

• Evaluate all job applicants fairly, regardless of disability
• Provide reasonable accommodations unless they cause undue hardship
• Engage in good faith interactive processes when accommodation requests arise
• Refrain from asking about disability severity during interviews

Additional Protections

The Disabled Persons Act offers further protections that include and extend beyond the workplace, covering areas such as housing and public accommodations. This act is designed to provide individuals with disabilities equal access not only to employment, but to public facilities, businesses, and services throughout California.

What Can You Do If You Face Disability Discrimination?

If you believe you may have experienced disability discrimination in your workplace, taking prompt action can protect your rights and strengthen your case.

Document everything carefully:

• Keep records of discriminatory incidents with dates and witnesses
• Save emails, performance reviews, and other relevant communications
• Note any changes in treatment following disability disclosure

Report the discrimination:

• Follow your company’s internal complaint procedures
• File a complaint with the California Civil Rights Department
• Consider filing with the Equal Employment Opportunity Commission

Seek experienced legal counsel:

Disability discrimination cases often involve the overlapping of federal and state laws. An experienced employment attorney can evaluate your case, guide you through the legal process, and advocate for the compensation you may deserve.

Take a Stand Against Workplace Discrimination

Disability discrimination violates countless individuals’ fundamental rights to equal treatment and dignity in the workplace. California’s strong legal protections from both state and federal laws provide meaningful protections for employees who face such treatment.

At Olivier & Schreiber PC, our experienced disability discrimination attorneys understand the challenges you face. We provide compassionate, knowledgeable representation to help you achieve justice and hold employers accountable for discriminatory practices. If you believe you have experienced disability discrimination, contact us today for a consultation. Your rights matter, and we are here to protect them.