Disability discrimination can take many forms, from denial of accommodations to demotion or termination after disclosing a medical condition. Unfortunately, many California employees are unsure what to do when discrimination occurs, or they delay taking action out of fear of retaliation. Acting quickly and strategically is critical to protecting your rights under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).
At Lawless, Lawless & McGrath, we regularly help employees respond to disability discrimination and hold employers accountable when they violate the law.
Recognizing Disability Discrimination
Disability discrimination occurs when an employer treats you unfairly because of a physical or mental condition, or because they believe you have one. Discrimination can be overt or subtle, and it often escalates after an employee requests accommodations or takes medical leave.
Common examples include:
- Denial of reasonable accommodations
- Failure to engage in the interactive process
- Sudden discipline or negative evaluations after disclosure
- Demotion, pay cuts, or loss of hours
- Harassment or hostile remarks related to a disability
- Termination shortly after a request for accommodation or leave
If these actions occur after your employer learns of your condition, they may violate state or federal law.
Step 1: Document Everything
Documentation is one of the most important tools you have. Start creating a record as soon as you suspect discrimination.
Keep copies of:
- Emails and written communications with supervisors or HR
- Medical certifications or accommodation requests
- Performance reviews (especially if they change suddenly)
- Notes describing discriminatory comments or treatment
- Dates and timelines showing when discrimination began
Detailed records help establish causation by showing that negative actions followed disclosure or accommodation requests.
Step 2: Review Company Policies
Many employers require employees to report discrimination internally before pursuing legal claims. Review your employee handbook or HR policies carefully to understand complaint procedures.
If you file an internal complaint:
- Keep communications professional and factual
- Submit complaints in writing whenever possible
- Save proof that the complaint was received
Internal complaints can help demonstrate that your employer was aware of the discrimination and failed to fix it.
Step 3: Do Not Retaliate or Resign Prematurely
It’s natural to want to confront discriminatory behavior immediately or to quit an unbearable job, but doing so may complicate your legal claims.
Unless your work environment is truly intolerable or your health is at risk:
- Do not resign without legal guidance
- Do not refuse assignments out of protest
- Continue performing your job duties to the best of your ability
Employers often claim that employees caused their own termination. Avoid giving them that argument.
Step 4: Seek Medical and Professional Support
If discrimination is affecting your health, document it. Seek medical care if needed and inform your provider if work conditions are contributing to stress, anxiety, or worsening symptoms.
Medical documentation may support:
- Accommodation requests
- Leave requests
- Emotional distress damages in legal claims
Step 5: Consult an Employment Attorney Early
Disability discrimination cases are time-sensitive. Waiting too long can limit your options or allow employers to destroy evidence.
An employment attorney can:
- Evaluate whether discrimination occurred
- Identify violations of ADA and FEHA
- Preserve your claims and deadlines
- Communicate with your employer on your behalf
- File administrative complaints or lawsuits if necessary
At Lawless, Lawless & McGrath, we help employees assert their rights.
Step 6: File a Formal Complaint if Necessary
California employees generally must file a complaint with the California Civil Rights Department (CRD) before pursuing a lawsuit under FEHA. Federal claims may require filing with the Equal Employment Opportunity Commission (EEOC).
These agencies have the ability to investigate disability discrimination, attempt mediation, and issue right-to-sue notices when appropriate. Missing deadlines can end your case.
Step 7: Understand Your Legal Remedies
If discrimination is proven, you may be entitled to:
- Back pay and lost benefits
- Compensation for emotional distress
- Reasonable accommodations
- Attorney’s fees and costs
- Punitive damages in severe cases
The available remedies depend on the facts of your case and the laws violated.
Why Acting Quickly Matters
Disability discrimination cases often rely on timelines. The closer discriminatory actions are to accommodation requests or disability disclosures, the stronger your claim may be.
Delays allow employers to rewrite history or justify unlawful conduct. Early legal involvement helps protect evidence.
How Lawless, Lawless & McGrath Helps Employees
Our San Francisco disability discrimination attorneys have decades of experience representing California employees facing disability discrimination. We know how employers attempt to deny responsibility and how to expose unlawful behavior.
We guide clients through every step: documentation, administrative complaints, negotiation, and litigation when necessary.
Taking the First Step Toward Accountability
If you believe you’re being discriminated against because of a disability, don’t wait. Contact Lawless, Lawless & McGrath for a confidential consultation. We’ll review your situation, explain your rights, and help you take action to protect your career and dignity.
You deserve a workplace that respects your health.