What Is Disability Discrimination?
Discrimination occurs when one person or a group of people are treated differently because of a protected trait. These traits include:
- Race
- Gender
- Sexual orientation
- Religion
- Ethnicity
- Disability
Disability discrimination occurs when someone is treated adversely because of an actual, past, or perceived physical or mental disability. It is different from an employer addressing a disability-related limitation through an appropriate workplace accommodation. Disability harassment may involve offensive remarks, ridicule, threats, or other unwelcome conduct connected to a person’s disability or need for a workplace change. Such conduct may violate the law when it creates a hostile or offensive work environment or contributes to an adverse employment decision.
Employer Discrimination
Federal and California laws generally prohibit covered employers from making hiring or firing decisions based on a protected disability. This may occur when an employer uses a past mental illness to justify an employment decision or assumes that an applicant has a disability and refuses to hire them based on that perception.
Other examples of employer disability discrimination include:
- Failure to promote a qualified employee because of their disability
- Firing an employee because they are disabled
- Leaving disabled individuals out of key workplace efforts such as meetings or memos
- Withholding information essential to performing the job
You also have privacy rights concerning disability-related and medical information. Employers face limits on disability-related questions, medical examinations, and the disclosure of medical information obtained through employment. If you believe you are being mistreated at work, contact a Long Beach discrimination attorney to discuss your situation.
Why Do I Need a Disability Discrimination Attorney?
Disability discrimination isn’t always easy to prove. While the law protects disabled individuals against discriminatory practices, documenting those practices can be difficult. Employers are rarely transparent about the real reasons behind terminations, demotions, or other adverse actions. They often point to performance, attendance, restructuring, or business reasons for decisions that an employee believes were connected to a disability or an accommodation request.
The timeline matters. Workplace changes that follow a disability disclosure, an accommodation request, or a period of medical leave can be worth examining closely. A legal evaluation can help distinguish between a lawful employment decision and one tied to protected status, and can assess whether other related legal theories, including retaliation or wrongful termination, may also apply.
Because we focus exclusively on employment law and represent employees only, we evaluate the timeline, decision-makers, accommodation requests, employer explanations, records, and potential witnesses. We then explain which disability discrimination, harassment, retaliation, accommodation, or wrongful termination claims the available facts may support.
Protecting Your Rights as a Disabled Employee in California
California’s Fair Employment and Housing Act generally requires employers with five or more employees to provide reasonable accommodation for qualified individuals with physical or mental disabilities, unless doing so would cause undue hardship. Federal law under the Americans with Disabilities Act generally covers employers with 15 or more employees and protects qualified applicants and employees who can perform essential job functions with or without reasonable accommodation, subject to applicable coverage rules.
California employers must engage in a timely, good-faith interactive process when an accommodation is requested or when the employer becomes aware of a possible need for one. Possible accommodations can include modified schedules, leave for medical care, adjusted duties, relocation of a work area, telework arrangements, or reassignment when legally appropriate. The process is individualized; what qualifies as an effective accommodation depends on the specific limitation, the essential functions of the job, and the circumstances of the employer.
Additional protections you should know include:
- Employers face limits on disability-related questions and medical examinations, and those limits apply at different stages of the hiring and employment process
- Medical information obtained in connection with employment generally must be kept confidential
- You generally aren’t required to disclose more medical information than the employer lawfully needs for the accommodation process
- Protection may arise under both the ADA and California law, but coverage thresholds, definitions, and procedures can differ between the two
Proving Disability Discrimination in Long Beach, California
Workplace discrimination may be difficult to establish when an employer attributes its decisions to performance, attendance, restructuring, or other business reasons. Evaluating a potential claim requires comparing those explanations with the timeline, employment records, communications, and witness information.
Preserving Records & Building a Timeline
Your disability discrimination attorney can help you identify and assemble relevant evidence. Retain emails, memos, letters, and other written information related to the alleged discrimination. If you speak with your employer about your disability or employment status, note when the conversations occurred and what was discussed. A follow-up email summarizing the conversation may also create a useful written record.
A clear chronology connecting workplace decisions to a disability disclosure, accommodation request, or medical leave can be particularly useful. Potentially relevant records include accommodation requests, medical-certification communications, performance reviews, disciplinary records, termination notices, personnel documents, and any written or electronic communications that show how your situation changed before and after a disclosure or request.
Your employment file may also provide important context. For example, if an employer cites behavioral or performance problems when terminating you, earlier evaluations and disciplinary records may show whether those concerns were documented before the decision.
If you are passed over for a job or promotion, ask for a written explanation of what you can do better. An explanation that conflicts with your employment record or the employer’s prior statements may warrant closer review. Preserve all relevant records lawfully and avoid altering or deleting workplace communications before speaking with an attorney.
Disability Discrimination FAQs
Q: How Do I Prove Disability Discrimination in California?
A: Relevant records and a clear timeline may help a disability discrimination attorney evaluate your situation.
Q: What Is Disability Discrimination in California?
A: Disability discrimination involves adverse treatment or harassment connected to a disability, including in hiring, promotion, workplace treatment, or termination.
Q: What Are My Rights as a Disabled Person in California?
A: You may have protections against disability discrimination, harassment, and improper disclosure of medical information under California and federal law.
Q: How Do I File a Disability Discrimination Claim?
A: Filing requirements are fact-specific and depend on the type of claim, the applicable law, and procedural prerequisites. Generally, federal claims involve the Equal Employment Opportunity Commission (EEOC), while California state claims are filed with the California Civil Rights Department (CRD). California complaints are generally subject to a three-year deadline from the alleged discriminatory act, though claim-specific rules and exceptions apply. A disability discrimination lawyer can help you identify the correct filing path and deadlines for your situation.
Contact Nosrati Law
If you believe you’ve experienced disability discrimination, you can seek an evaluation of the facts, evidence, and possible legal claims. We offer free and virtual consultations in English and Spanish. We also handle these cases on a contingency basis, meaning you don’t pay legal fees unless we recover compensation for you. Bring any key dates, workplace communications, accommodation records, and employment documents available for the initial consultation.
To discuss your situation, contact Nosrati Law online or call (323) 784-0643 today.
