Disability Discrimination Lawsuits in California

Our law firm represents those who have suffered workplace discrimination based on a disability.

If you or a loved one has faced disability discrimination in the workplace, we can help you recover financial compensation for:

Lost wages
Emotional distress
Punitive damages

Our experienced employment lawyers:

Have been successfully recovering disability discrimination settlements and awards since 1990
Have recovered over $750,000,000 for clients
Offer free consultations
Don’t charge a fee to handle disability discrimination cases until we win your case
Only charge a percentage of any compensation we recover
Will take comprehensive, responsible legal action to ensure your rights get protected
Will hold your employer accountable for their actions
Are available 24/7, will stay by your side each step of the way, and will provide communication that you can rely on

Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one suffered employment discrimination due to a disability.

What Qualifies as Disability Discrimination in California?

California Government Code 12940 makes it illegal for employers to discriminate based on disability in California.

Disability discrimination is when an employer treats a qualified employee unfairly because of a physical or mental impairment.

Things that qualify as disability discrimination in California include:

Unfair treatment: Denying a job to someone, firing someone, refusing to hire someone, demoting someone, cutting someone’s hours or otherwise taking adverse employment action because they are disabled.
Failure to accommodate: Failing to provide necessary, reasonable accommodations to employees unless doing so is an undue hardship.
Harassment: Creating a work environment which is hostile because of a disability. This can include offensive remarks about a person’s disability.
Retaliation: Retaliating against employees who request accommodations or file complaints.
Perceived discrimination: Treating individuals unfavorably because the employer incorrectly thinks they are disabled.

How to know if you’re a victim:

You’re denied something or treated differently because of a disability.
You’re not provided with reasonable and necessary accommodations to perform your job.
You end up facing negative actions because of complaining about disability discrimination.

Disability Discrimination – Federal Law

The Americans with Disabilities Act (ADA) is a broad civil rights law which prohibits discrimination against those with disabilities.
The ADA makes sure that the disabled have the same opportunities as others, including access to employment.
The ADA protects those who have physical or mental impairments which substantially limit major life activities, have histories of such impairments, or are perceived as having such impairments.
Title I of the ADA prohibits discrimination by employers and employment agencies against qualified, disabled individuals in hiring, firing, compensation, promotions, training, job application procedures, and other employment terms.
The ADA mandates that employers provide reasonable accommodations to make sure that everyone has equal access, unless it would be an undue hardship to do so.

If an employer has discriminated against you and violated the ADA by doing so, our ADA disability discrimination lawyers can help you recover financial compensation in an ADA lawsuit.

Disability Discrimination – California Law

Key protections under California law:

Scope of FEHA: FEHA applies to employers who have five or more employees. This employment law prohibits discrimination based on physical or mental impairment, medical conditions (such as genetic characteristics or cancer), or having a history of disability.
Disability definition: FEHA defines disabilities as physical or mental conditions which limit major life activities, including work.
Perceived disability: It is unlawful to discriminate against employees or job applicants based on an employer’s mistaken belief that they are disabled.
Retaliation prohibited: Employers can’t retaliate against employees for exercising FEHA rights, filing discrimination complaints or requesting accommodations.

Employers have obligations under FEHA:

Reasonable accommodations: Employers need to offer reasonable accommodations to help disabled employees perform their jobs’ essential functions. This can include changing job duties, providing assistive technology, or modifying work schedules.
Interactive process: Should an employer know that an employee is disabled, they need to go through a good-faith “interactive process” in order to determine which accommodations are available.
Undue hardship: The obligation to provide accommodations doesn’t apply when it would cause undue hardship or place employees at risk.

How to Prove Disability Discrimination in California

To prove disability discrimination, you need to:

1. Establish Your Disability

Medical documentation: You need to obtain comprehensive medical records from your healthcare providers which confirm your disability, any reasonable accommodations which are necessary, and how your ability to perform life activities is impacted by your disability.
Disability definition: You need to make sure your disability meets the legal definition under FEHA or the ADA.

2. Show You Can Do the Job

Perform essential functions: You need to demonstrate that you’re capable of performing your job’s core functions. It is OK if you require a reasonable accommodation to do so.
Request accommodation: Make requests for reasonable accommodations (such as special equipment or adjusted schedules) in writing so you can prove that you requested reasonable accommodations. Be sure to keep copies of all requests and responses.

3. Document the Adverse Action and the Link to Disability

Create a timeline: Keep a record of all relevant events, including times, dates, people present and locations.
Collect evidence: Gather all relevant documentation, including text messages, emails, performance reviews, or any formal warnings or complaints.
Witnesses: Identify individuals, including coworkers, who observed discriminatory comments or actions and might be willing to provide you with a statement.
Look for direct evidence: While direct evidence of disability discrimination is rare, there may be direct evidence such as a statement from an employer explicitly saying that an adverse action occurred due to your disability.
Comparative treatment: There may be evidence that employees who aren’t disabled received more favorable treatment in similar situations.
Suspicious timing: Retaliation may have occurred shortly after you requested an accommodation or disclosed a disability.
Pattern of behavior: There may be a consistent history of denial of accommodations or negative treatment of employees with disabilities.
Pretext: There may be evidence which suggests that an employer’s stated reason for an adverse action is implausible or false.

4. File a Complaint

HR Complaint: You should file a formal complaint with the human resources department at your job. Keep all records of their responses.
Other options: If an internal complaint doesn’t resolve your issue, you can file a complaint with California’s Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

5. Consider a Lawsuit

Await a “right to sue” notice: Once you file an administrative complaint, your complaint will be investigated by the agency you filed it with. You’ll need to obtain a “right to sue” letter from said agency prior to filing a lawsuit in court.
Consult with a lawyer: Seek legal advice from an employment attorney with experience handling disability discrimination cases so you can understand the legal options you have.
Filing a lawsuit: If your claim isn’t resolved by the CRD or EEOC, you might have to file a lawsuit in order to pursue damages such as lost wages and emotional distress compensation. Your lawsuit will need to include a detailed account of any discriminatory actions, how those actions violated the law, what harm you suffered, and what remedies you’re seeking.

What to Do if You Suspect Disability Discrimination

If you suspect disability discrimination, you should:

Document everything
Request accommodations in writing
Report the issue internally: file a complaint with HR or a supervisor
File a government complaint
Talk to an attorney ASAP

Where to get help:

California Civil Rights Department (CRD): FEHA is enforced by the CRD, which can investigate your employment discrimination complaint.
Community resources: Resources and information are offered by various disability rights organizations.
Legal counsel: Consult with an experienced employment lawyer in order to understand your legal rights and options regarding the pursuit of a claim.

What Is My Disability Discrimination Lawsuit Worth?

While you can sue for disability discrimination for economic damages (such as lost wages) and non-economic damages (such as emotional distress), the exact value of your lawsuit will vary significantly based upon your employer’s size, how severe the harm you suffered is, and the jurisdiction.

Non-economic and punitive damages are capped by federal law, and can range from $50,000 to $300,000, depending upon the number of employees. These caps don’t apply to cases filed in state court.

However, lost wages usually aren’t capped.

Factors which determine the value of your lawsuit include:

Employer size: There are limits under federal law regarding compensatory and punitive damages, and these limits are based on how many employees an employer has. These limits do not apply to cases filed in state court.
Nature of discrimination: Settlement amounts can vary based on the type of discrimination, like wrongful termination, retaliation or failure to accommodate.
Severity of harm: The value of your claim will be significantly influenced by the extent of your emotional and economic damages.
Lost wages: You can recover compensation for lost income, bonuses or other benefits.
Emotional distress: You can recover compensation for psychological harm, pain and suffering.
Egregiousness of conduct: Larger awards are more likely in cases where the actions of employers were particularly malicious, intentional, or demonstrated a pattern of violating rights.
Strength of evidence: Cases are more valuable when proof is especially compelling.

There are caps on non-economic and punitive damages under federal law:

15-100 employees: As much as $50,000
101-200 employees: As much as $100,000
201-500 employees: As much as $200,000
Over 500 employees: As much as $300,000

These caps don’t apply to cases filed in state court.

You may be able to recover various types of damages, such as:

Back pay: Lost benefits and earnings.
Front pay: Future lost benefits and earnings.
Emotional distress: Compensation for mental harm, suffering and pain.
Punitive damages: These may be available in severe cases of malicious or willful discrimination.
Attorney’s fees and costs: When you win, your employer might be ordered to pay all of your legal fees.

How Long Do I Have to File a Claim?

Intake forms must be submitted to CRD within three years of being harmed last.
If filing a complaint with the EEOC instead of CRD, a complaint must be filed within 180 days of discrimination, although this is extended to 300 days if a local or state agency enforces a law which prohibits the same basis of employment discrimination.
It is best to file a claim and contact an attorney as soon as possible so evidence can be preserved, your attorney has as much time as possible to build a strong case, and to make sure all paperwork is filed on time.

How Our California Disability Discrimination Lawyers Can Help

Our lawyers can help you by:

Providing legal guidance and strategy: We understand complex California and federal disability laws. We can provide you with legal representation, advise you on your legal rights and how you should proceed.
Collecting evidence and building your case: We can collect evidence, including witness testimony and medical records, which supports your discrimination claim.
Negotiation and mediation: We can represent you in negotiations, advocate for reasonable accommodations, and fight for a fair settlement.
Filing claims and lawsuits: We can handle the administrative tasks of filing with the CRD or EEOC and, if necessary, filing a lawsuit.
Ensuring compliance with deadlines: We’re aware of strict deadlines for filing discrimination charges, which may be as short as 180 days. We can make sure your claim gets filed promptly.
Securing compensation and remedies: We can help you to obtain appropriate compensation for lost wages, emotional distress and punitive damages, and we can advocate for reinstatement or policy changes.
Guidance through the legal process: We’ll guide you through the whole complicated legal process, providing you with personal support at each step.

What to expect in a consultation:

Case assessment: We will assess your case’s merits to determine if you have a strong chance of success.
Explanation of rights: We will explain which protections you have under state and federal laws with regards to disability discrimination.

Contact Our Attorneys Today

Our experienced disability discrimination lawyers:

Have been handling disability discrimination cases for over 35 years
Have recovered hundreds of millions of dollars for clients
Won’t charge any fee to handle your case until we win it
Will protect your legal rights and hold your employer accountable for their discriminatory conduct

Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was discriminated against in the workplace due to a disability.