Blog Layout

Disability discrimination

Mar 21, 2023

Disability discrimination is unfortunately one of the most common types of intolerance in the workplace. There are many ways employers knowingly and unknowingly discriminate against people with disabilities, and there are many different types of disabilities that make people targets for this behavior. Here’s what you should know about workplace disability discrimination in California and how an employment attorney can help if you’ve experienced this harmful prejudice.

What Is the Definition of Disability Discrimination?

Treating someone differently at work due to a physical disability, mental disability, or medical condition is considered disability discrimination. This form of discrimination can have many negative consequences, from emotional isolation to reduced income or even job loss.


Among people with various disabilities, the workplace is often cited as the place where the most discrimination occurs. One report found that 90 percent of all people with disabilities had undergone some type of workplace discrimination, even after the passing of federal laws to protect them, which we discuss below. This makes people reluctant to share information about their disabilities with colleagues or managers. Many people also suffer from retaliation if they raise the issue of disability discrimination that they have experienced.

How Do Employers Commonly Discriminate Against People With Disabilities?

There are multiple ways employers practice disability discrimination. Have you experienced any of these?

  • Being fired for having a disability
  • Not being considered for a job for which you’re qualified due to a disability
  • Being let go once management finds out you have someone in your household with a disability
  • Receiving less pay than non-disabled workers for performing the same job
  • Being denied rightful overtime, commission, or bonuses
  • Retaliation for whistleblowing about discriminatory acts at your workplace
  • Not getting a promotion you deserve because of a disability
  • Having your job duties changed after you were hired, even though your boss knows they are not physically possible due to your disability
  • Not being allowed to take time off for medical care related to your disability
  • Management or coworker harassment about your disability, including offensive humor, even if the person doesn’t realize they’re being discriminatory
  • Not receiving reasonable accommodations for your disability, like accessible washrooms or building entrances


Some employers use a sneaky technique known as “managing someone out” or “constructive termination” to try to force someone with a disability out of their job. They make the position so unpleasant or arduous that the employee feels compelled to quit.

Are There Laws Against Disability Discrimination in California?

It’s sad to think that so much disability discrimination occurs in spite of there being both federal and state laws against it. Most famously, the ADA or Americans with Disabilities Act from 1990 and strengthened in 2008 makes disability discrimination illegal. Prior to that piece of legislation, the Fair Employment and Housing Act (FEHA) of 1974 made workplace discrimination unlawful in California, including discrimination against those with disabilities.

What Is Considered a Disability?

The list of disabilities protected by the ADA is constantly growing, as people become more knowledgeable about different health conditions and physical challenges. Some of the most common disabilities covered by the ADA include:

  • Autism
  • Bipolar disorder
  • Blindness
  • Cancer
  • Cerebral palsy
  • Deafness
  • Diabetes
  • Epilepsy
  • HIV infection
  • Intellectual disabilities
  • Major depressive disorder
  • Mobility impairments requiring the use of a wheelchair
  • Multiple sclerosis
  • Muscular dystrophy
  • Obsessive-compulsive disorder
  • Partial or completely missing limbs
  • Post-traumatic stress disorder
  • Schizophrenia


Pregnancy and the postpartum period may also be considered a disability when it comes to requiring employers to allow time off for medical care and birth and to provide reasonable workplace accommodations. Reasonable workplace accommodations for pregnancy include things like giving a worker the option to sit instead of stand, not making the worker lift heavy items, and providing a private space to those who are nursing for pumping breast milk.

What Should You Do if You Have Experienced Disability Discrimination in Los Angeles?

If you believe you have been discriminated against at work, it’s important to document everything as carefully as possible. Make copies of any emails, text messages, or other written communication, and keep them in a file at home, in case you should suddenly lose access to your workplace.


If you don’t feel comfortable talking to your employer about the situation, you may have to take more drastic steps, especially if the discrimination is affecting your income or job status. You may choose to file a formal complaint with the state’s Civil Rights Department (CRD). They will conduct an investigation or give you the opportunity to obtain a right-to-sue notice if you prefer to pursue the matter in court. Many people take the second route because the CRD is frequently overwhelmed with investigations into all kinds of discrimination, and there is also the possibility they may not find in your favor after waiting for months for a resolution.

How Does an Employment Lawyer Assist Victims of Disability Discrimination?

If you reach the point where you feel filing a complaint with the CRD or initiating a lawsuit is your only choice, you probably want to speak to an employment attorney who specializes in workplace disability discrimination cases. A lawyer can help you make sure your complaint is filed properly or start the court process.


Sometimes just a letter from a lawyer is enough to make an employer take disability discrimination more seriously. It might help you get back overtime pay or a promotion you are owed, or you could be reinstated in your job if you’ve already been wrongfully terminated. Pressure from an attorney can also help you receive reasonable workplace accommodations for your disability, including being allowed to take time off for medical appointments.


If you must go to court, an employment attorney like Employee Law Group can help you assemble your case, as they have the time and resources you don’t have. Your attorney will represent you in a trial and give you the best chance of achieving a positive outcome to get what you are due and have your rights protected.


Sometimes other illegal or criminal acts have been committed alongside workplace disability discrimination. An employment lawyer can help you sort out allegations of whistleblower retaliation, wage theft, or defamation of character and decide whether you have an additional case for these issues.


At Employee Law Group, we offer a completely free initial consultation to see if you have a case of workplace disability discrimination. You don’t have to endure discrimination in silence. Call us today at 310-407-7358, or get in touch online to let us know how we can help you.

April 1 Minimum Wage Rise in California: A Quick Five-Step Guide for Fast Food Staff

03 May, 2024
If you are a fast food worker in California, there’s good news for you. As of April 1, a new minimum wage was implemented across the entire state.  Does it apply to your job? Here are the essentials of the new law so you know if you should be paid at a higher rate. And learn your rights as an employee if you are not paid the appropriate minimum wage.

Unpaid Commissions Uncovered: How to Ensure You Get Paid

25 Mar, 2024
Do you believe your current or former employer owes you commission and is refusing to pay it? In many instances, this is a form of wage theft in the eyes of the law in California.  Here’s what you need to know about unpaid commission. Learn how employees are protected by California laws and what you can do if your employer won’t pay up, including working with an employment attorney.

California’s 2024 Employment Law Update: A Guide to Reproductive Loss Leave Benefits

07 Mar, 2024
As a worker in California, you may not yet be familiar with a new law governing leave for reproductive loss. Here’s what you should know about this new policy. Since between 10 and 20 percent of known pregnancies end in spontaneous miscarriage, this law may affect your household. And it applies to other reproductive losses too. Read on to learn more.

Understanding Overtime Entitlement for Inside Salespeople in the Post-Pandemic World

26 Feb, 2024
If you work in sales, you probably work long hours. It takes a lot of work to nurture clients and close deals. Did you know that you may now be eligible for overtime where previously you were exempt from this extra money?  Here’s a review of how overtime laws have changed for salespeople over the last few years. The pandemic was a major force in changing how salespeople conducted business. Now, the rules have changed, and you need to know about them to get money you rightfully earn.
LA’s Paid Sick Day Laws

Maximizing Your Rights: Understanding LA’s Paid Sick Day Laws for Daily Financial Benefits

26 Feb, 2024
If you’re a worker in the city of Los Angeles, you may not be aware that you are entitled to paid sick leave under many circumstances. Using this paid time off can help you maintain your income if you or a family member are ill or need medical care. This means you won’t lose money you need to survive if you have to be off work. Here’s what you need to know about LA’s paid sick leave, which is part of the city’s MWO (Minimum Wage Ordinance).

Understanding Day Rate and Overtime Laws in California: A Comprehensive Guide for Professionals in Diverse Fields

02 Feb, 2024
Whether you are employed in a restaurant kitchen as a cook or out in the field as an oil pipeline inspector, you are entitled to overtime pay, even if you get a day rate. You read that right: you should get overtime even if you get a day rate . Here’s what you need to know about California overtime laws for day rate employees so you can protect your rights and ensure you’re getting what you are due, no matter what your profession.

Understanding Workplace Disability Discrimination in California

09 Jan, 2024
Do you have a disability and believe you have been treated unfairly at work because of it? You might have a workplace disability discrimination case. Read more below to see if this applies to you and what you can do to make sure your rights are protected.

How California Law Supports TV Production Workers’ Overtime Pay

15 Dec, 2023
Do you work as a production employee on a television show set where long days are the norm? If so, it’s essential to know how California laws regarding overtime pay affect your bottom line. Here’s what you need to know about minimum wages and calculating overtime — especially if you are not yet an entertainment union member. And if your employer does not pay you proper overtime, you should know how an employment attorney can help you.

Upcoming Changes: California Employers to Provide More Paid Sick Days in 2024

22 Nov, 2023
If you’re a worker in California, there’s some good news on the horizon. As of January 1, 2024, the state will require employers to provide you with more sick days than previously. Read on to learn about the changes and see how the new sick leave policy in California will be implemented.

Charting California's 2024 Employment Landscape: A Guide for Employers

10 Nov, 2023
If you’re an employer in California, pay attention to changes in the work environment for 2024. Here’s a summary of new employment laws passed by the California Assembly and Senate that you must follow in order to avoid costly citations and the potential for lawsuits.
Show More
Share by: