Disability discrimination in the workplace remains one of the most pressing issues employees face today. Even though federal and state laws provide strong protections, workers often find themselves dealing with bias, denial of reasonable accommodations, or even retaliation after disclosing a disability. Understanding your rights is the first step to protecting yourself and ensuring fair treatment at work.

In California, employees are protected under both the federal Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). Together, these laws prohibit employers from discriminating against workers based on a physical or mental disability and require them to provide reasonable accommodations when needed. Unfortunately, many employers fall short of these obligations, leaving employees uncertain about what to do next.

What Counts as Disability Discrimination in the Workplace?

Disability discrimination in the workplace occurs any time an employer treats a qualified worker unfairly because of their disability. This can take many forms, including:

• Refusing to hire or promote a qualified applicant due to a disability
• Terminating an employee after they disclose a condition
• Denying access to training, benefits, or equal pay
• Harassing or retaliating against an employee who asserts their rights
• Refusing to provide reasonable accommodations

Discrimination is not always obvious. Sometimes it appears as subtle exclusion, pressure to quit, or a sudden change in job duties designed to push an employee out. Whether blatant or subtle, these practices violate the law.

Disclosure and Employee Privacy

One of the most common concerns employees face is whether they should disclose a disability. Legally, you are not required to reveal medical details unless you are requesting accommodations that make disclosure necessary. Even then, you only need to provide enough information to show that you have a qualifying disability under the ADA or FEHA.

Employers must keep this information confidential and cannot share it with co-workers or managers outside of those involved in the accommodation process. While disclosure can feel risky, it is often the only way to secure the adjustments you need to perform your job effectively. The law protects you from retaliation simply for disclosing a disability.

What Are Reasonable Accommodations?

A reasonable accommodation is any change in the workplace that allows an employee with a disability to perform the essential functions of their job. Accommodations are not one-size-fits-all, but may include:

• Modified work schedules or remote work options
• Ergonomic equipment or assistive technology
• Adjustments to job duties that do not eliminate core responsibilities
• Additional leave for medical treatment or recovery
• Reassignment to an open position when necessary

Employers are required to provide accommodations unless doing so would cause “undue hardship.” This means significant difficulty or expense relative to the size and resources of the business. Importantly, employers cannot deny accommodations simply because they are inconvenient or require minor adjustments.

The Interactive Process

California law emphasizes that employers must engage in an interactive process when an employee requests accommodations. This means they cannot unilaterally decide what, if any, adjustments to make. Instead, the employer and employee must discuss possible accommodations, explore alternatives, and work together to find an effective solution.

When employers fail to participate in this process or delay it unnecessarily, they may be in violation of FEHA.

Employer Responsibilities

Beyond providing accommodations, employers are also obligated to create a workplace free from harassment and retaliation. This includes protecting employees who:

• File a complaint about discrimination
• Request accommodations
• Support co-workers in asserting their rights

Employers who retaliate against workers for exercising their rights can face serious legal consequences. Retaliation may look like demotions, sudden poor performance reviews, exclusion from projects, or outright termination. These actions are unlawful, even if the underlying accommodation request was ultimately denied.

Steps to Take If Your Rights Are Violated

If you believe you are experiencing disability discrimination in the workplace, taking the right steps early can protect your case

1. Document everything. Keep written records of requests, emails, performance reviews, and any negative treatment that follows disclosure.
2. File an internal complaint. Many companies have HR processes that must be followed before pursuing legal remedies.
3. Seek outside help. Employees in California can file complaints with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
4. Consult a disability discrimination lawyer. Legal counsel can evaluate your situation, explain your options, and represent you if litigation becomes necessary.

How a Disability Discrimination Lawyer Can Help

Disability discrimination cases often involve complex laws and strict deadlines. An experienced disability discrimination lawyer can:

• Assess whether your situation qualifies as discrimination under ADA or FEHA
• Help you navigate the accommodation process with your employer
• File complaints with state or federal agencies on your behalf
• Represent you in negotiations, mediation, or litigation to secure fair compensation or reinstatement

Having legal guidance not only protects your rights but also levels the playing field when dealing with large employers or corporate counsel.

Secure the Accommodations and Rights You Deserve

Employees should never have to choose between their health and their livelihood. Federal and California laws are designed to protect workers from disability discrimination in the workplace, ensure access to reasonable accommodations, and safeguard against retaliation.

If you believe your employer has violated your rights, speaking with an experienced disability discrimination lawyer can make all the difference. At Valerian Law, we help employees assert their rights, hold employers accountable, and secure the accommodations and protections they deserve.