Equal opportunity in employment means the decision to employ you should be made based on your skills, not your race, religion, gender, or disability. Although much has been done, workers with disabilities continue to experience unfair treatment and workplace barriers. Such challenges are not only personal but also systemic in nature and limit opportunities and full inclusion. This necessitates robust legal safeguards and employer proactivity. Disability discrimination laws are practical protections that help make work fair, safeguard your rights, and give everyone a real chance to succeed. At Stop Unpaid Wages, our disability discrimination attorneys are prepared to assist you in defending your rights and addressing workplace discrimination to seek fair treatment.

An Overview of Disability Discrimination

Disability discrimination is where an individual is treated less favorably in the workplace due to a disability or a history of disability, or a perceived disability, rather than their actual skills or job performance. This concerns all employment levels- hiring, promotions, pay, job assignments, and termination. The law singles out two broad categories of disability discrimination.

The most evident one is direct discrimination. It entails blatant, deliberate discrimination, including:

  • A supervisor making ridiculous comments about a disabled employee
  • A company policy that openly discriminates against disabled employees
  • A company that denies service to a disabled person with a guide dog

In such instances, the desire to treat an individual differently due to their disability is apparent.

Indirect discrimination is usually less apparent. It occurs when a rule or policy appears neutral, yet it places obstacles for employees with disabilities. For example, a rigid attendance policy for all employees may disproportionately disadvantage employees who require flexibility due to chronic health conditions. It is a discriminatory rule in practice because it disfavors some employees, although the rule is the same for all.

The law also guards against discrimination by association and perception of the employees. This implies that a worker cannot be discriminated against due to their association with a person with a disability, for example, a spouse or family member.

Likewise, employees are safeguarded when considered disabled, even though they may not be so. As an example, when an employer transfers an employee with controlled high blood pressure to a less desirable position out of an unfounded fear of a heart attack, this is discrimination based on perception. These protections are based on the fact that stereotypes and fear usually drive prejudice, and not the actual ability of an employee.

Examples of Practical Disability Discrimination

Denial Of Employment

Disability discrimination can happen at any point in the hiring or employment process. For example, an employer may turn away a qualified applicant with a disability. A wheelchair user might be denied a job simply because the employer does not want to make the office accessible, even though the person can do the job well.

Failure to Provide Reasonable Accommodations

Another common problem is when an employer fails to provide reasonable accommodations. Employers must make changes that allow employees with disabilities to perform their jobs, including installing ramps, providing screen readers, or modifying workstations. Denying these accommodations is a discrimination by omission since it denies the workers the opportunity to carry out their duties on equal grounds.

Discriminatory Job Assignments and Promotions

There are also a lot of discriminatory job assignments and promotions. Employers can reduce the opportunities by assuming what employees with disabilities can manage. For example, giving them simple jobs only or not giving them a promotion because of stereotypes about their condition is an unfair way of preventing career progression.

Stereotypes and Negative Attitudes

The legal system that deals with such practices does not simply forbid certain acts of discrimination but also the attitudes behind them. Most of the discriminatory choices are based on myths, unreasonable fears, and negative stereotypes about disability. Laws that safeguard people regarded as disabled are especially relevant, as they compel employers to concentrate on actual qualifications and performance rather than prejudices.

The Legal Framework

In the US, disability discrimination is covered by both state and federal legislation. Collectively, they form a two-tier system that empowers workplace rights and ensures that employees with disabilities are not discriminated against.

Federal Protections: The Americans with Disabilities Act (ADA) of 1990

The Americans with Disabilities Act (ADA) is a federal law prohibiting discrimination against people with disabilities in many aspects of life, including employment. Under Title I, employers with 15 or more employees are prohibited from discriminating against a qualified individual with a disability in any employment aspect, including hiring, pay, promotions, or job assignments.

A significant aspect of the ADA is that employers must make reasonable accommodations for qualified employees, unless it would result in undue hardship to the business. The ADA also protects employees against retaliation when they exercise their rights.

The ADA is enforced mainly by the U.S. Equal Employment Opportunity Commission (EEOC). The Rehabilitation Act of 1973 also provides similar safeguards to federal employees and employees of organizations receiving federal funds.

State Laws: Fair Employment and Housing Act (FEHA) of 1959, California

California’s FEHA provides broader protections than federal law, and it offers greater protection to employees in California, including: 

  • Employer Coverage: FEHA covers employers with five or more employees and thus covers workers in smaller firms not covered by the ADA
  • Broader Coverage: FEHA not only prohibits discrimination based on disability but also on medical conditions (including cancer or genetic characteristics) and genetic information, whether or not they are currently disabling
  • Disability Definition: According to the ADA, an impairment has to limit a significant life activity substantially. Under FEHA, you are protected if your condition limits daily activities, even if it is not severely disabling. This simplifies the ability of employees to file claims, particularly those with temporary or short-term ailments
  • Damages: FEHA does not have statutory caps on monetary damages as the ADA does.
  • Filing Deadlines: Employees have three years to file a complaint under FEHA instead of 300 days under the ADA

The California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH), enforces FEHA.

The ADA and FEHA are a strong safety net together. Whereas the ADA establishes a national standard, FEHA broadens the protection, especially to employees in small businesses or those with temporary disabilities. The broader definitions, more extended filing deadlines, and unlimited damages in California provide stronger employee protection, so disability discrimination is more effectively challenged at the state level.

What Constitutes a Disability

Knowledge of what constitutes a disability under the law is crucial to employees seeking protection and employers trying to be compliant. The ADA (Americans with Disabilities Act) and FEHA (California Fair Employment and Housing Act) broadly define disabilities.

An Impairment

A person is deemed to have a disability under the ADA in one of three ways:

  • They possess a physical or mental handicap that significantly restricts one or more major life activities
  • They have a history of such an impairment
  • They are considered to be impaired in such a way

In 2008, the law was expanded to make it easier for workers with disabilities to qualify for protections. Critically, in the determination of disability, the impact of mitigating measures, including medication, hearing aids, prosthetics, or other assistive devices, cannot be taken into account. The only exception is regular eyeglasses or contact lenses. This eliminates the possibility of employers withholding protections because a condition is being controlled well.

Major life activities are activities that one carries out in their daily lives, like:

  • Walking
  • Seeing
  • Hearing
  • Breathing
  • Sleeping
  • Taking care of oneself
  • The functioning of major body systems, like the neurological, immune, digestive, and circulatory systems

The law covers a broad scope of both visible and invisible disabilities.

Physical Disabilities

Disabilities that affect the body systems, including:

  • Blindness
  • Deafness
  • Immobility
  • Missing limbs
  • Cerebral palsy
  • Cancer
  • Diabetes
  • Heart disease

Under FEHA, medical conditions also covered include a cancer diagnosis or genetic traits, even when the condition is not disabling. The ADA also includes such severe conditions as HIV/AIDS.

Mental Disabilities

These are psychological and developmental disorders, such as:

  • Major depression
  • Bipolar disorder
  • PTSD
  • Schizophrenia
  • Autism
  • Learning disabilities like dyslexia.

As an example, a diabetic employee can control their condition using insulin. An employer cannot claim that the employee is not disabled because treatment controls the symptoms. The law focuses on the impairment, as it takes effort and resources to deal with it.

Laws That Are Not Covered

Although there are wide-ranging protections, some conditions are not covered by the ADA and FEHA. These usually involve short-term or less severe conditions like colds, the flu, or broken bones that are expected to heal quickly.

ADA generally needs an impairment to persist for at least six months to be considered, but temporary conditions may be covered when related to a chronic illness.

Minor impairments such as minor vision problems corrected by glasses or minor scars are also not considered unless the individual is disabled. Federal law also specifically excludes the following behaviors:

  • Current illegal drug use
  • Sexual behavior disorders
  • Compulsive gambling
  • Kleptomania
  • Pyromania

Employer Responsibilities

Employers' legal obligations to employees with disabilities extend well beyond the prohibition of discrimination. Federal and state laws demand proactive measures to ensure equal opportunity and establish an accessible workplace.

General Obligations: Active Compliance and Non-Discrimination

Employers should treat all employees equally, with or without a disability, in all aspects of employment, including hiring and promotions, pay and benefits, and discipline. The federal law requires businesses with 15 or more employees to comply with these requirements, whereas the California FEHA covers businesses with five or more employees, a broader requirement.

The Fundamental Responsibility: The Interactive Process and Reasonable Accommodations

Providing reasonable accommodations to qualified employees is one of the most significant requirements of the disability law. Accommodations are the changes or adjustments that allow a disabled person to perform their essential job functions.

Employers should participate in a good-faith interactive process with the employee before accommodations are implemented. This is a legally mandated discussion to discuss possible ways to resolve the situation and starts as soon as the employer is aware of a potential need, either through a request, medical note, or observable change in performance.

Refusing to be involved in this process can be the basis of a discrimination claim, even when an accommodation was impossible. The law not only appreciates the end result of the collaboration but also the process, which makes it a key requirement of employers.

Some examples of reasonable accommodations include the following:

  • Workplace Adaptations: Ramps, adjustable desks or accessible facilities
  • Scheduling & Leave: Flexible hours, part-time schedules or medical leave
  • Job Restructuring: Reallocation of non-essential tasks that an employee cannot complete
  • Equipment & Technology: Screen readers, speech-to-text software, or adaptive devices
  • Auxiliary Aids: Readers or interpreters for employees who are deaf or blind
  • Accommodations in the Workplace: Service animals in restricted areas or alterations in the work environment
  • The defense of the Employer: Proving the undue hardship

Employers do not have to accommodate in a way that would present an undue hardship, which is defined as a significant difficulty or expense. This decision is case-by-case and takes into consideration:

  • The price of the accommodation
  • The financial capability of the employer
  • The size and the nature of the business

More expensive or complicated accommodations are expected to be done by larger organizations with more resources than smaller businesses. Employers cannot usually deny accommodations just by guessing about possible safety or productivity issues.

Employers must try to find another solution that does not impose an undue hardship, even when an accommodation is deemed as such.

Corresponding Workplace Problems and Legal Safeguards

Disability discrimination is frequently combined with other illegal employment practices, including harassment, wrongful discharge, and retaliation. Federal and state laws have definite safeguards to deal with these problems.

Disability Harassment: Hostile Work Environment

Disability harassment is a form of prohibited discrimination under the ADA. It is illegal when it is intense or widespread to the extent of causing an intimidating, hostile, or abusive work environment. Minor insults or one-off remarks generally do not count, except in the most serious cases.

Harassment may be perpetrated by anyone, including supervisors, colleagues or even clients. Notably, the victim need not be the person with the disability; any person adversely affected by the conduct is covered.

Wrongful Discharge and Constructive Discharge

It is unlawful to fire an employee simply due to a disability under federal and state law. Discrimination, however, can also be in a more subtle form.

An employer can make working conditions so unbearable that the employee is compelled to quit, a phenomenon called constructive discharge. In such instances, the law will regard the resignation as a termination.

As an example, employees are required to demonstrate that a reasonable person in their place would have been forced to resign. This doctrine denies the employer the option of avoiding liability by rendering a workplace uninhabitable instead of firing an employee directly.

The Risks of Employer Retaliation

The legislation is very forceful against retaliation against employees who exercise their rights. Retaliation involves any act deterring a reasonable person from reporting or resisting discrimination.

The activities covered under protection are filing complaints, taking part in investigations, or resisting discriminatory practices. Retaliatory acts may include termination or demotion to more subtle actions such as pay cuts, poor performance reviews, or social exclusion. Such protections make sure that the employees can speak up without the fear of being punished, which strengthens the integrity of anti-discrimination legislation.

How to File a Disability Discrimination Complaint

Workers who feel that they have been discriminated against due to disability should follow the proper procedures carefully and document them. Federal and California law offer a systematic way of filing a complaint.

Internal Reporting and Documentation

Employees are expected to report their concerns internally by using the reporting procedures of their employer before making a formal complaint. This allows the employer to remedy the situation and demonstrates that the employee made an effort to work out the problem in good faith, which is beneficial to any future legal action.

This process requires documentation. Employees are advised to make notes of discriminatory incidents with dates, times, descriptions, witnesses, and any other related evidence, including emails, memos, or performance reviews.

Filing with Administrative Agencies

Failure to address the issue through internal reporting may result in the filing of a complaint by the employees with a government agency. In California, this may be accomplished by the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD), formerly the DFEH.

Due to the work-sharing agreement, a complaint filed with one agency is automatically filed with the other. This will guarantee the protection of their rights under federal and state law.

Some of the critical deadlines include:

There are strict time limits to be observed when lodging discrimination complaints. A failure to meet these deadlines may lead to losing the right to bring a claim.

  • EEOC (federal law / ADA): A complaint should be filed within 180 days of the discriminatory act. This period lasts up to 300 days in California because the state collaborates with the EEOC
  • CRD (California / FEHA): The employees are given three years to file after the last act of discrimination

This disparity is high. Although the EEOC has a shorter deadline, the three-year statute of limitations gives employees more time to collect evidence, consult an attorney, and make the most effective decision.

The Investigative and Mediation Process

When a complaint is received, the agency gives notice to the employer and appoints an investigator. The investigator gathers documents, interviews witnesses, and decides whether there is reasonable cause to believe discrimination has occurred.

The EEOC and CRD provide voluntary mediation as an alternative to a full investigation. Mediation is secret and entails using a third-party mediator to help the two parties come to a compromise. In case of failure of mediation, the case is taken to an investigation.

The case is closed if the investigator does not find any reasonable cause. In case of reasonable cause, the agency will attempt to settle the issue by conciliation. If conciliation is unsuccessful, the agency can sue on behalf of the employee.

More often, the agency will provide a notice of a Right-to-Sue, which permits the employee to bring the case to court.

Remedies to Disability Discrimination

In cases where disability discrimination is established, the law seeks to restore the victim to the position they would have been in without the discrimination. Remedies may be in the form of monetary and non-monetary relief.

  • Financial Compensation

Back Pay and Front Pay

The most typical type of relief is compensation for lost wages and benefits. Back pay is compensation for lost income, including salary, bonuses, and benefits, between the time of the discrimination and the case resolution.

In situations where it is not feasible to return to the job, such as when there is a hostile work environment, a court may grant front pay to compensate the employee until they find a similar job.

  • Compensatory Damages

These damages cover non-economic losses and out-of-pocket damages resulting from discrimination. A significant element is emotional distress, which consists of anxiety, depression, and loss of self-esteem. Claims such as medical records, therapy bills, and witness testimony are usually necessary to prove these claims.

  • Punitive Damages

If an employer's conduct is particularly outrageous, malicious, or reckless, the courts may impose punitive damages. These are not compensatory to the victim but punish the employer and prevent future misconduct. Under the federal law (ADA), punitive damages are limited based on the organization's size. In comparison, FEHA does not cap the amount, which provides greater protection and deterrence.

Find a Disability Discrimination Attorney Near Me

Disability discrimination law can be complex, with strict rules governing accommodations, undue hardship, filing deadlines, and damages. Legal advice may be essential in evaluating claims, complying with deadlines, and seeking equitable employee compensation. You want to seek the services of a professional disability discrimination lawyer who can negotiate with employers or represent employees in court and defend their rights. Have you experienced disability discrimination or unpaid compensation? Do not wait; protect your rights now. Call Stop Unpaid Wages at 424-781-8411 and talk with our disability discrimination attorneys, who can review your case and explain your options.