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A disability discrimination lawyer in California helps employees protect their rights when they face unfair treatment at work due to a physical or mental disability. These attorneys ensure that employers comply with laws such as the California Fair Employment and Housing Act and the Americans with Disabilities Act. A workplace rights attorney assists employees in gathering evidence, filing complaints with the appropriate agencies, and addressing unlawful practices.
Employees with disabilities deserve equal treatment and opportunity in the workplace. When employers violate your rights under state (California) and federal law (federal and state laws), you may have grounds for a disability discrimination claim. Our team of experienced disability discrimination lawyer at Mercer Legal Group represents workers throughout Woodland Hills, Los Angeles, and surrounding California communities who face unlawful treatment because of their physical or mental conditions.
Schedule a call with us today for a free consultation, and let’s get started with your case.
A disability discrimination lawyer in California is an employment attorney who represents workers who have been treated unfairly because of a physical or mental disability. Their primary role is to protect employees’ legal rights, guide them through workplace disputes, and ensure that employers follow anti-discrimination laws. These lawyers help clients understand their rights, gather evidence, and pursue legal remedies when discrimination occurs.
In simple terms, a disability discrimination lawyer specializes in defending the rights of employees facing discrimination related to disabilities. They handle cases where workers are denied opportunities, harassed, terminated, or otherwise treated unfairly due to a disability. Their work focuses on holding employers accountable and helping affected individuals seek compensation or corrective action.
These attorneys also play an important role in ensuring that employers comply with disability protection laws, including the Americans with Disabilities Act (ADA) and relevant California regulations. By enforcing these laws, they help in seeking justice for workers and promote fair treatment in the workplace.
A key part of their advocacy involves ensuring ADA compliance, helping employees obtain reasonable workplace accommodations, and representing them in negotiations or legal disputes when rights are violated. Through legal guidance and representation, disability discrimination lawyers work to create equal employment opportunities and protect individuals from unlawful workplace discrimination.
Disability discrimination in the workplace occurs when an employer treats a job applicant or employee unfairly because of a physical or mental disability. This type of discrimination can affect many aspects of employment, including hiring, job assignments, promotions, pay, or termination. In general, the law requires employers to evaluate employees based on their qualifications and job performance rather than their disability. When a worker is treated negatively because of their disability status, it may form the basis of a legal claim.
Employers are prohibited from making employment decisions based solely on a person’s disability. Workers with disabilities are entitled to equal employment opportunities, meaning they must be given the same chance to apply for jobs, perform their duties, and advance in their careers. An employer cannot refuse to hire, demote, or fire someone simply because they have a disability. Doing so may be considered unlawful discrimination under employment law.
Another key component of disability rights in the workplace is the requirement that employers provide reasonable accommodations when necessary. Reasonable accommodations are adjustments or modifications that allow qualified individuals with a disability to perform the essential functions of their job. These accommodations may include modified work schedules, accessible workspaces, assistive technology, or adjusted job duties. Employers must provide such accommodations unless doing so would cause significant difficulty or expense.
Legal protections against disability discrimination are established under both the California Fair Employment and Housing Act and the Americans with Disabilities Act. Our founding partner, Simon Moshkovich, made a valuable addition to the description of disability discrimination in the workplace. He added that “these laws require employers to treat individuals with disabilities fairly and to prevent discriminatory practices in the workplace. They also provide legal remedies for workers who experience discrimination, including the right to file complaints or pursue legal action”.
Disability discrimination can occur in many different workplace situations, often in ways that are not always immediately obvious. It may arise when an employer treats a qualified employee or job applicant unfairly because of a physical or mental disability. These actions can affect important employment decisions such as hiring, job assignments, promotions, or termination. Understanding common examples can help employees recognize when their rights may have been violated under laws like the Americans with Disabilities Act and the California Fair Employment and Housing Act.
Common examples include:
Refusing to hire a qualified applicant due to a disability
Terminating an employee after learning about a disability
Denying reasonable workplace accommodations
Harassing an employee because of a medical condition
Demoting or reducing hours due to disability
A disability discrimination lawyer in California works by helping employees understand their legal rights and guiding them through the process of addressing unfair treatment in the workplace. These attorneys focus on evaluating whether an employer’s actions violate disability protection laws and determining the best legal strategy for the client. Their goal is to protect workers’ rights, pursue fair treatment, and seek appropriate remedies when discrimination has occurred.
The process usually begins with an initial consultation, where the lawyer listens to the employee’s experience and assesses whether the situation may qualify as disability discrimination. During this stage, the attorney reviews relevant details about the workplace actions involved and explains the client’s legal options. The lawyer then moves on to evidence gathering, which may include collecting workplace records, emails, medical documentation, and witness statements that support the claim. Finding sufficient evidence is the most vital part of proving disability discrimination in California.
Once sufficient evidence is gathered, the lawyer provides legal representation by taking formal action on the client’s behalf. This can involve filing complaints with the appropriate agencies, negotiating settlements with the employer, or pursuing the case in court if necessary. These actions are typically based on protections provided under the Americans with Disabilities Act and the California Fair Employment and Housing Act, which prohibit workplace discrimination against individuals with disabilities.
Under California law, disabilities are defined broadly to ensure strong protections for employees and job applicants with physical or mental conditions that limit major life activities. The California Fair Employment and Housing Act protects individuals with a wide range of conditions, including physical impairments, chronic illnesses, neurological disorders, and mental health conditions such as anxiety or depression. It also protects individuals who have a history of a disability, are perceived as having one, that is a perceived disability, or are associated with someone who has a disability. Because of this broad definition, the law often provides stronger workplace protections than the Americans with Disabilities Act.
Protected conditions under the California law include:
Physical disabilities
Mental health conditions
Chronic illnesses
Pregnancy-related medical conditions
Temporary disabilities in certain circumstances
California law often provides broader protections for workers with disabilities than federal law. Under the California Fair Employment and Housing Act, the definition of disability is interpreted more expansively, meaning more physical and mental conditions may qualify for legal protection. As a result, employees in California may receive stronger protections than those available under the federal Americans with Disabilities Act.
Reasonable accommodations in the workplace refer to adjustments or modifications that enable employees with disabilities to perform their job duties effectively. Employers have a legal obligation to provide these accommodations when a qualified employee’s disability affects their ability to carry out essential job functions. This responsibility requires employers to engage in a good-faith process to identify appropriate solutions that allow the employee to work productively.
Employers have a legal responsibility to work with employees who have disabilities to identify reasonable workplace adjustments that allow them to perform their job effectively. This requires an interactive process where both the employer and employee communicate to determine appropriate accommodations based on the employee’s needs and job duties.
For example, we once handled a case for a particular client whose employer made no attempt to improve the condition of their office space in her company like the uncomfortable furniture the disabled individuals or employees had to use everyday, or the fact that provisions were not made for employees that have to move with wheelchairs. Despite multiple appeals from the staff, no action was taken to address the issues.
We filed a disability discrimination claim and handled the negotiation process (which is a legal process with the company. In the end, we were able to get the company/employer to make some renovations in the office space, and also protect our client from any form of retaliation from the employer or any disgruntled individual.
Examples of reasonable accommodations include:
Modified work schedules to help employees manage medical treatments or disability-related limitations
Remote work options that allow employees to perform their duties from home when possible
Ergonomic equipment or assistive devices that make the workplace more accessible
Medical leave for treatment, recovery, or disability-related health needs
Adjusted job duties when appropriate so employees can continue working while managing their condition.
Employers are required to engage in an interactive process with employees who have disabilities to identify reasonable accommodations. This means having a good-faith dialogue to understand the employee’s needs and explore practical adjustments that enable them to perform their job. The goal is to find solutions that support the employee while meeting essential workplace requirements.
Disability retaliation occurs when an employer takes adverse actions against an employee for asserting their rights under disability laws. Such retaliation is illegal under both the Americans with Disabilities Act and the California Fair Employment and Housing Act. Employees are protected from these punitive actions when they exercise their legal rights.
Examples of such retaliations include:
Termination after requesting accommodations
Demotion or pay reduction
Workplace harassment
Unfair disciplinary actions
Retaliation against an employee for asserting their disability rights is illegal under California law. The California Fair Employment and Housing Act protects workers from adverse actions like demotion, harassment, or termination after requesting accommodations or filing a complaint.
To pursue a disability discrimination claim, an employee typically must show that they have a qualifying disability, were qualified to perform their job, and suffered adverse treatment because of that disability. They must also demonstrate that the employer failed to provide reasonable accommodations or otherwise treated them unfairly. Meeting these elements helps establish a legal basis for action under the California Fair Employment and Housing Act and the Americans with Disabilities Act.
To pursue a disability discriminations claim, employees generally must show:
They have a qualifying disability
They were able to perform essential job duties (with or without accommodation)
The employer took adverse action because of the disability
Our associate attorney, Sara Adela Salinas, when asked about the best ways to prove disability discrimination in California, said “Proper documentation and legal guidance can significantly strengthen a disability discrimination case. Keeping records of workplace incidents, communications, medical notes, and accommodation requests provides clear evidence of unfair treatment. Working with an experienced lawyer ensures that these materials are used effectively and that the claim meets all legal requirements under California and federal disability laws”.
employment
Personal Injury
Victims of disability discrimination may be entitled to various forms of compensation to address the harm they suffered. This can include back pay for lost wages, front pay for future earnings, emotional distress damages for mental suffering, and reinstatement to a former position when appropriate. In some cases, punitive damages may also be awarded to penalize particularly egregious employer conduct.
Potential compensation for disability discrimination may include:
Lost wages and benefits
Future lost earnings
Emotional distress damages
Punitive damages in severe cases
Attorney’s fees and legal costs
At Mercer Legal Group, we specialize in California employment law, ensuring clients receive guidance that is fully aligned with state-specific protections and regulations. With a great track record in handling discrimination claims, we are a trusted advocate for employees facing disability discrimination in California.
With extensive experience handling discrimination claims, Our team of disability discrimination lawyers is skilled at gathering evidence, assessing legal options, and providing personalized support throughout the process.
Our firm takes a strategic approach to negotiation and litigation, seeking the best possible outcomes for clients. Above all, Mercer Legal Group is committed to protecting employee rights, ensuring that workers and their co workers are treated fairly and receive the compensation and accommodations they are entitled to under the law.
Below are some frequently asked questions and their answers that could shed some light on disability discrimination law and lawyers.
California law prohibits disability discrimination primarily through the Fair Employment and Housing Act (FEHA), which applies to employers with 5+ employees. It mandates “reasonable accommodations” and an “interactive process” to support employees. The federal ADA applies, with the California Civil Rights Department (CRD) enforcing these rights.
To file a disability discrimination complaint in California, submit a complaint with the California Civil Rights Department (CRD) within three years of the incident. For workplace issues, you can also file with the Equal Employment Opportunity Commission (EEOC).
In a California disability discrimination lawsuit, you can claim significant damages where FEHA applies (Fair Employment & Housing Act), including back/front pay, emotional distress, punitive damages, and attorney fees. Settlements often range from $75,000 to over $500,000 for wrongful termination or failure to accommodate. Punitive damages may be available if the employer acted with malice.
Disability discrimination lawyers in California typically work on a contingency fee basis, meaning you pay no upfront costs and only pay if you win, usually taking 25% to 40% of the settlement or recovery. Fees for disability cases, such as in social security matters, are often capped around $9,200, though employment discrimination cases may differ.
In California, you generally have 1 year from the date of a disability discrimination violation to file a complaint with the Civil Rights Department (CRD), formerly DFEH. After obtaining a “right-to-sue” letter, you have an additional year to file a lawsuit. Federal EEOC claims generally require filing within 180 days.
Disclaimer: The information provided on this blog is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws and regulations vary by jurisdiction and may change over time, so you should consult a qualified discrimination attorney for advice regarding your specific situation. Past examples, case studies, or hypothetical scenarios are illustrative only and do not guarantee similar results.
