Disability Rights

About the Role

Attain Law is committed to helping employees understand and assert their disability rights in California. We support Californians facing workplace barriers due to physical or invisible disabilities, providing guidance on legal protections, discrimination, wage and hour disputes, and wrongful termination linked to disability.

Disability Rights at Work

Disability rights guarantee fair treatment for employees with physical or mental impairments. Under state and federal law, employers must provide reasonable accommodations—adjustments or changes to the job or work environment—to help qualified employees perform essential duties. Protections cover visible and invisible disabilities, including chronic illnesses, mental health conditions, and temporary injuries.

Key California and Federal Laws

• The Fair Employment and Housing Act (FEHA) applies to employers with five or more employees and prohibits discrimination based on physical or mental disability.
• The Americans with Disabilities Act (ADA) covers employers with fifteen or more staff.

Highlights include:

• Employers cannot refuse to hire, demote, or fire someone because of a disability.
• Employees are entitled to reasonable accommodations, such as adjusted schedules or equipment.
• Employers must engage in an “interactive process”—a discussion to find effective accommodations.
• Retaliation for requesting accommodations or reporting discrimination is unlawful.

Employer Obligations

Employers in California must:

• Participate in good faith during the interactive process.
• Provide reasonable accommodations unless it causes “undue hardship.”
• Keep medical information confidential.
• Prevent harassment or hostile work environments related to disability.

Steps to Take if Your Rights Are Violated

If you experience discrimination or denial of accommodations:

• Document every incident—dates, names, and details.
• Save emails, letters, and performance reviews related to your disability or requests.
• Report issues to your human resources department.
• Consult with an employment law attorney for guidance.
• File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), if needed.

Potential Damages

If your employer violates your disability rights, you may be entitled to:

• Back pay for lost wages
• Compensation for emotional distress
• Reinstatement to your job
• Changes to employer policies
• Attorney’s fees and costs

Frequently Asked Questions

What are my disability rights in California?
Under FEHA, workers with disabilities are protected from discrimination and entitled to reasonable accommodations, such as modified schedules or accessible equipment.

What counts as a disability under California law?
California law covers a wide range of physical and mental conditions, including chronic illnesses, mental health disorders, and temporary injuries that limit major life activities.

How do I request a reasonable accommodation?
Notify your employer in writing about your need for an accommodation. The employer must begin an interactive process to determine an effective solution.

Can my employer fire me for having a disability?
No. Employers in California cannot fire you solely because of a disability. Any adverse action based on disability is illegal under FEHA and the ADA.

What can I do if my employer denies my accommodation request?
You can file a complaint with the California Civil Rights Department (CRD) or consult an employment lawyer to discuss your legal options.