If you believe you’ve been discriminated against because of a disability, you must abide by applicable deadlines. Disability discrimination claims are subject to strict filing deadlines under both federal and California law. Missing a deadline, even by a short amount of time, can permanently bar your claim no matter how strong the evidence may be.
Understanding how long you have to file a disability discrimination claim under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) is critical to protecting your rights.
At Lawless, Lawless & McGrath, we regularly help California employees preserve their claims and navigate the legal timelines that apply to disability-related workplace violations.
Why Filing Deadlines Matter
Disability discrimination cases do not start in court. Most claims must first be filed with a government agency before a lawsuit is allowed. These agencies investigate the claim and determine whether you are authorized to proceed with legal action.
If you miss the applicable deadline, your case may be dismissed outright regardless of how unlawful your employer’s conduct was.
California Deadlines Under FEHA
Under California law, employees generally must file a disability discrimination complaint with the California Civil Rights Department (CRD) before filing a lawsuit.
In most cases, the deadline is:
Three years from the date of the discriminatory act
This applies to claims involving:
- Disability discrimination
- Failure to provide reasonable accommodations
- Failure to engage in the interactive process
- Disability-based harassment
- Retaliation related to disability rights
The three-year period usually begins on the date of the discriminatory action, which can include conduct such as a termination, denial of accommodation, demotion, or refusal to engage in the interactive process.
Once the complaint is filed, the CRD may investigate or issue a right-to-sue notice allowing you to pursue the case in court.
Ongoing or Repeated Discrimination
If discrimination occurs over time, such as repeated denial of accommodations or ongoing harassment, the timeline may be more complex.
In some cases:
- Each discriminatory act may reset the clock
- Ongoing failures to accommodate may be treated as continuing violations
These issues are highly fact-specific and require legal analysis. Employers often argue that claims are time-barred even when discrimination is ongoing.
Why Waiting Is Risky
Many employees delay action because they hope the situation will improve or fear escalating the conflict. Unfortunately, waiting can weaken your case or eliminate it entirely.
Common risks of delay include:
- Missing filing deadlines
- Loss of evidence or witnesses
- Employer rewriting records
Early action gives your attorney more options and preserves your rights.
How an Employment Attorney Helps Protect Deadlines
An experienced San Francisco disability discrimination attorney can:
- Identify which deadlines apply to your case
- Determine when the clock started
- File with the correct agency
- Preserve both state and federal claims
- Prevent employers from exploiting timing defenses
At Lawless, Lawless & McGrath, we routinely step in early to ensure no deadline is missed.
Taking Action Before Time Runs Out
If you believe you’ve experienced disability discrimination, don’t assume you have plenty of time. The safest step is to consult an attorney as soon as possible, even if you’re unsure whether discrimination occurred.
Contact Lawless, Lawless & McGrath for a confidential consultation. We’ll evaluate your timeline, explain your filing deadlines, and help you take prompt, strategic action to protect your rights.
When it comes to disability discrimination claims, time limits are unforgiving—but informed action makes all the difference.