Employees in Los Angeles who experience disability discrimination often feel powerless when an employer refuses fair treatment. The law gives you options. With guidance from a Los Angeles disability discrimination lawyer, you can take steps to hold an employer accountable and pursue financial recovery for what you’ve lost.
Greenberg Gross helps employees assert their rights and seek justice after unlawful discrimination. Contact us today for a free consultation to learn about your options and how we can help.
Key Takeaways: Disability Discrimination in Los Angeles
California’s Fair Employment and Housing Act (FEHA) offers broader protection than federal law, covering employers with five or more workers.
Employers must provide reasonable accommodations for physical and mental disabilities unless doing so causes undue hardship on operations.
Disability discrimination includes harassment, wrongful termination, denial of accommodations, retaliation, and denial of medical leave.
You have one year from the date of discrimination to file a complaint with the California Civil Rights Department (CRD).
Successful claims may result in compensation for lost wages, emotional distress, punitive damages, and reinstatement.
What Is Disability Discrimination Under California Law?
Disability discrimination occurs when an employer treats a qualified employee or job applicant unfairly because of an actual or perceived disability. California’s FEHA sets strict rules that protect workers beyond what federal law provides.
Protected Disabilities Under FEHA
FEHA covers a wide range of disabilities. The law defines disability broadly to ensure workers with serious medical conditions receive fair treatment. Covered disabilities include:
Physical disabilities: Conditions affecting the body such as mobility impairments, chronic illnesses, or sensory disorders.
Mental disabilities: Conditions like depression, anxiety, bipolar disorder, or PTSD.
Medical conditions: Cancer or genetic traits associated with disease.
Perceived disabilities: When an employer believes someone has a disability and discriminates based on that assumption.
Physical Versus Mental Disabilities
Both physical and mental disabilities qualify for protection. For instance, an employee in Downtown Los Angeles with a mobility limitation has the same legal rights as an employee in Venice whose anxiety affects work attendance. Employers must consider each situation individually and cannot apply blanket policies that exclude workers with medical conditions.
How California Law Differs from Federal ADA Protections
The Americans with Disabilities Act (ADA) sets a nationwide minimum standard, but California law goes further:
FEHA covers employers with five or more employees, while the ADA covers those with fifteen or more.
FEHA recognizes temporary and less severe conditions as disabilities if they limit major life activities.
Employees have additional remedies under state law, including compensation for emotional distress and punitive damages.
What Are Common Examples of Disability Discrimination in the Workplace?
Discrimination takes many forms and does not always appear obvious. Employers sometimes disguise discriminatory decisions as business choices or performance issues. Recognizing these patterns helps employees take action.
Failure to Provide Reasonable Accommodations
A reasonable accommodation is any adjustment that allows an employee to perform job duties without causing undue hardship to the employer. Examples include modified work schedules, ergonomic equipment, or remote work options. An employer in Koreatown who refuses to install a ramp for a wheelchair user may violate FEHA.
Harassment Based on Disability
Teasing or offensive remarks about a worker’s disability create a hostile environment. For instance, a coworker who mocks a colleague with a speech impediment and a supervisor who allows it to continue both contribute to discrimination.
Wrongful Termination Due to Disability
An employer cannot fire someone simply because they have a disability or require accommodations. If a manager in Santa Monica dismisses a worker after a back injury leaves them needing light-duty tasks, that termination may qualify as wrongful.
Denial of Disability-Related Medical Leave
Employers must grant reasonable leave for medical treatment or recovery. Refusing time off for a necessary surgery violates state law if the leave would not impose significant burden on operations.
Retaliation for Requesting Accommodations
Some workers experience retaliation after asking for support. A supervisor may reduce hours or deny promotions because the employee requested ergonomic equipment or schedule adjustments. Retaliation claims are valid even if the original accommodation request was denied.
Understanding Reasonable Accommodations in California
Reasonable accommodations serve as the cornerstone of disability rights. Employers must work with employees to find practical solutions that allow them to perform their jobs effectively.
What Qualifies as a Reasonable Accommodation
Accommodations depend on the employee’s needs and the type of work. Common examples include modified work schedules, assistive technology, reassignment to a vacant position, accessible work areas, and temporary remote work options. The law does not require employers to create a new position, but it does require them to consider all available alternatives.
The Interactive Process Requirement
Employers must engage in a good-faith dialogue with the employee to determine appropriate accommodations. This “interactive process” requires listening to the worker’s needs and exploring possible adjustments. Failure to participate in this discussion counts as a separate violation of FEHA.
When Can an Employer Deny an Accommodation Request
An employer may deny a request only if it causes significant difficulty or expense based on the size and resources of the business. However, many employers wrongly claim undue hardship without evidence. A company in Culver City that refuses a simple schedule change may lack a valid reason.
What Should I Do If I Experience Disability Discrimination?
When discrimination occurs, employees often feel pressure to stay silent or fear retaliation. The law prohibits retaliation for asserting your rights, and you don’t have to face the situation alone.
Each step below helps preserve evidence, create accountability, and prepare for potential legal action. Acting quickly and documenting every detail provides a clear record of what happened and how your employer responded.
Document Everything Related to Your Disability and Treatment
Keep records of doctor’s notes, emails with supervisors, performance reviews, and witness accounts. Detailed documentation helps demonstrate patterns of discrimination and how management responded.
Request Accommodations in Writing
Written requests provide proof of your efforts to obtain support. Describe how the accommodation would help you perform essential job functions. Maintain copies of all correspondence.
Report Discrimination Through Internal Channels
Use your company’s human resources department or designated reporting system. Following internal procedures first shows good faith and creates a paper trail that can support your claim.
File a Complaint with the California Civil Rights Department
The CRD (formerly the Department of Fair Employment and Housing) investigates workplace discrimination claims. You must file a complaint within one year of the incident. The agency may mediate the case or issue a Right-to-Sue notice, allowing you to file a lawsuit in court.
Consult With a Los Angeles Disability Discrimination Attorney
An attorney can evaluate your case, assess evidence, and communicate with your employer or the CRD on your behalf. Legal representation helps balance the power between employees and corporate defendants.
What Damages Can I Recover in a Disability Discrimination Case?
California law allows recovery for both financial and personal losses that stem directly from the discrimination. The goal is to restore stability and recognize the impact the experience has had on your career, reputation, and well-being.
Courts and juries assess damages based on the evidence presented. Keeping records of pay stubs, medical visits, and workplace communications helps prove how discrimination affected you. Attorneys also use expert testimony and documentation to show the full extent of losses over time.
Economic Damages
Economic damages cover the direct financial losses caused by discrimination. These may include lost income, missed promotions, lost benefits, and out-of-pocket expenses for medical care or job search costs.
Non-Economic Damages
Non-economic damages address the mental and emotional impact of mistreatment. They compensate for embarrassment, anxiety, loss of reputation, and distress resulting from discrimination or harassment.
Punitive Damages
Courts sometimes award punitive damages to penalize employers who acted with malice or reckless disregard for employee rights. These awards also deter other companies from similar behavior.
Attorney’s Fees and Court Costs
A prevailing employee may recover reasonable attorney’s fees and litigation expenses. This provision ensures workers can enforce their rights without bearing the full financial burden of a lawsuit.
How Long Do I Have to File a Disability Discrimination Claim in California?
Time limits play a major role in employment cases. Missing a deadline may bar your claim entirely, so acting quickly and speaking with a Los Angeles employment lawyer can help protect your rights.
California Civil Rights Department Filing Deadlines
You must file a complaint with the CRD within one year of the alleged discrimination. In some cases, the agency grants extensions if you learned about the violation later, but those exceptions are rare.
Right-to-Sue Notice Requirements
After reviewing your complaint, the CRD may issue a Right-to-Sue notice. Once you receive this letter, you have one year to file a lawsuit in state court. Acting within these time frames protects your legal options.
Why Acting Quickly Protects Your Rights
Evidence can fade fast. Emails get deleted, managers change jobs, and memories fade. The sooner you take action, the easier it becomes to secure witness statements and documentation that support your claim.
How Our Attorneys Can Help
Greenberg Gross represents employees across Los Angeles County who have experienced workplace discrimination. Our team focuses on building strong, evidence-based cases and holding employers accountable.
Case Evaluation
We start by listening to your story and reviewing your records. We determine whether your employer’s conduct violated state or federal law and advise you on the most effective course of action.
Investigation and Evidence Gathering
Our personal injury attorneys obtain employment records, correspondence, and witness statements to build a clear timeline of events. This evidence often shows whether the employer’s reasons for disciplinary actions were legitimate or pretextual.
Handling the CRD Complaint Process
We prepare and file the necessary documents with the California Civil Rights Department. Our attorneys respond to inquiries and coordinate with investigators to support your case.
Negotiating With Employers
Many cases resolve through settlement. We engage with employers and their insurers to seek a resolution that compensates you for your losses and encourages policy changes to prevent future discrimination.
Litigation Representation
If the opposing party refuses to act fairly, we prepare for trial. Our lawyers present the evidence clearly and advocate for your rights before a judge or jury.
Protecting Against Retaliation
Employers sometimes retaliate against employees who assert their rights. We intervene to address any further adverse actions and hold the employer responsible for additional violations.
Pursuing Fair Compensation
We work to document lost income, career setbacks, and emotional distress claim so you can seek financial recovery that reflects what you have endured. Our goal is to help you move forward with stability and confidence.
Frequently Asked Questions About Disability Discrimination Claims
Can my employer fire me because of my disability?
No. Employers may only terminate an employee for legitimate, non-discriminatory reasons. If your termination appears linked to your medical condition or a request for accommodation, you may have grounds for a claim.
Do I need a doctor’s note to request a reasonable accommodation?
Usually, yes. A note from a health professional helps confirm the need for an accommodation and outlines any restrictions. Employers must keep this information confidential.
What if my employer says accommodating my disability is too expensive?
The employer must prove that the accommodation would cause undue hardship. Many requests require little or no cost, so blanket denials rarely meet the legal standard.
Can I sue for disability discrimination if I work for a small company?
Yes, if your employer has five or more employees. FEHA applies to smaller businesses than federal law, which only covers employers with fifteen or more workers.
What if my employer claims my disability makes me unable to perform essential job functions?
Employers must evaluate whether a reasonable accommodation would allow you to perform those functions. If accommodations would make it possible, the employer cannot lawfully terminate or demote you.
Contact Our Disability Discrimination Attorneys in Los Angeles Now
Every discrimination case carries deadlines and evidence that can fade with time. Greenberg Gross understands how much your career and livelihood matter. Our attorneys help employees throughout Los Angeles pursue justice, hold employers accountable, and seek financial recovery for what they’ve lost.
Call (213) 334-7000 now to schedule a free, no-obligation consultation today to discuss your rights and next steps with a member of our team.
Our Los Angeles Disability Discrimination Office Location
Address: 601 S Figueroa St 30th floor, Los Angeles, CA 90017 Phone: (213) 334-7000
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