Disability discrimination is one of the most common issues I see in my two decades of practicing employment law. Despite strong protections under both federal and California law, employees with disabilities are still routinely treated unfairly in the workplace. Understanding your rights is the first step toward protecting yourself and taking action when discrimination occurs.
In California, employees with disabilities are protected under multiple laws. At the federal level, the Americans with Disabilities Act (ADA) prohibits discrimination against qualified employees with disabilities. At the state level, California’s Fair Employment and Housing Act (FEHA) provides even broader protections. Together, these laws are designed to ensure that employees with disabilities are given equal opportunities to work and succeed.
Under FEHA, a disability is defined as a physical or mental impairment—whether actual or perceived—that limits one or more major life activities. Disabilities can take many forms. Some are physical, such as being wheelchair-bound or having carpal tunnel syndrome. Others are mental or emotional, including conditions like anxiety, depression, or post-traumatic stress disorder (PTSD). Importantly, many disabilities are not visible, yet they are still fully protected under the law.
Once an employer is put on notice of an employee’s disability, they have a legal obligation to engage in the interactive process and provide reasonable accommodations. This may include assistive devices, changes to a workspace, or modified work hours. Employees should start by speaking with their doctor to determine what accommodations are necessary, then obtain written documentation. Accommodation requests should always be made in writing and kept for your records.
Disability discrimination can show up in different ways. One common example is when an employer refuses to provide a reasonable accommodation without a valid justification. Another is when an employer targets, harasses, or retaliates against an employee simply because of their disability. In either case, documentation is critical. Keep copies of emails, text messages, photographs, or videos that show how the discrimination is affecting your ability to work.
If you believe you are experiencing disability discrimination, report it to your HR department or upper management in writing. If the issue is not resolved—or if you are retaliated against—speaking with an experienced employment law attorney can help protect your rights and guide you through the claims process.
Contact Salusky Law
If you live in California and are facing disability discrimination at work, you don’t have to handle it alone. Contact Salusky Law today to schedule a consultation and discuss your options. We’ll help you understand your rights and determine the best path forward to protect your career and your livelihood.
