Disability discrimination at work is real. California law protects workers with physical health conditions, mental health issues, or both. This page will help you understand what counts as disability discrimination, how the law protects your rights, when to take legal action, and what happens if you do. For specific legal advice based on your situation, reach out to our disability discrimination attorney at Employee Civil Rights Group for help filing a disability discrimination lawsuit in Mar Vista.
Disability discrimination is not always obvious. It can include you getting overlooked for a promotion or being denied basic accommodation. Under California law, a disability is a physical or mental health condition that limits your ability to perform major life activities. If your boss or hiring manager treats you differently because of health conditions, such as anxiety, diabetes, or back injuries, that is discrimination.
Additionally, an employer may not force a disabled person to take unpaid leave for something relating to their condition, such as medical treatment. Instead, the employer should offer reasonable accommodation. It is also illegal, under the California Family Rights Act or the Americans with Disabilities Act (ADA), for your employer to fire you for taking time off for family or medical leave.
Discrimination may also occur in other, sometimes subtle, ways. Comments that make you feel like a burden, eye rolls when you mention your condition, or a reduction of your hours without explanation are all illegal behaviors. More than just toxic workplace behavior, these acts may give you grounds for a lawsuit. Our Mar Vista attorney could help you file suit if you have experienced any of these types of disability discrimination.
The Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate against you if you have a disability. Additionally, California has some of the strongest worker protections in the country. Therefore, protections are in place for all work-related activities and processes, including hiring, firing, pay, job duties, and promotions.
You also have the right to request reasonable accommodations. Employers must engage in an interactive process to figure out what works best for you. Ignoring your requests or pleading ignorance can lead to fines and civil lawsuits, and a Mar Vista attorney skilled in disability disputes could help you pursue these actions.
The Americans with Disabilities Act (ADA) offers you federal protection, but the FEHA often goes further. For example, FEHA applies to employers with five or more employees, whereas the ADA only applies to companies with over 15 employees.
After disclosing a health issue, if you notice your employer behaving unacceptably, for example, giving you fewer hours or offering unreasonable excuses for phasing out your role, you should seek legal help. Our Mar Vista attorney could help you file a lawsuit if your employer is treating you unfairly because of your disability.
State law protects you from the moment you ask for an accommodation or disclose your disability. Being fired is not the only violation of your rights. Being demoted, receiving a pay cut, or being left out of meetings could be violations. Additionally, the law requires your employer to engage in two-way discussions with you over accommodations. Silence, deflection, and dismissal are all against the law.
If your employer fired you after you asserted your rights, do not wait to take action. The longer you delay, the easier it is for the company to manipulate its version of events or create a story to cover its illegal actions.
Under state law, specifically FEHA, employers found guilty of engaging in disability discrimination face a mandatory civil penalty of up to $10,000 per violation. This penalty is payable to the state through the California Civil Rights Department, regardless of any damages awarded to you as the employee. This penalty is separate and unrelated to your lawsuit but is worth knowing about.
The first step in a disability discrimination legal case in Mar Vista (or anywhere else in the state) is filing a complaint with the California Civil Rights Department —you cannot go straight to court. You must use this process to exhaust your administrative remedies.
Next, you decide whether to let the agency investigate or request an immediate right-to-sue notice. If you choose the latter action, you can skip the wait and file your lawsuit in court right away.
Once you file your lawsuit, the evidence-gathering phase begins. This is where both sides exchange documents, emails, medical records, and legal interviews, known as depositions. If the company refuses to negotiate or take responsibility, you can then go to court. You can potentially claim to receive lost pay, emotional distress damages, and reimbursement for attorney fees.
If something feels wrong at work after you speak up about your disability, trust your instincts. Discrimination is not always overt, but the law is clear. Reach out to our attorney at Employee Civil Rights Group for information about filing a disability discrimination lawsuit in Mar Vista. We could help you understand your legal options.
