Workplace disability discrimination in California is more common than many people realize. This type of discrimination can impact employees emotionally and financially, which is why there are both state and federal laws designed to protect workers.
If you think your employee disability rights in California have been violated, the wise thing to do is to hire an employment discrimination attorney to help you take legal action.
With a qualified discrimination lawyer on your side, you can gain a better understanding of your rights while also having a better chance of obtaining fair compensation for the harm you’ve experienced. Learn what constitutes a violation of your employee rights and how to report disability discrimination in California.
The Immediate Steps to Take When You Experience Unequal Treatment
California law protects workers from undue hardships, promising a safe work environment free of discrimination based on sex, disability, religion, and other protected traits. But what is considered disability discrimination in California, exactly? You’ll need to be able to recognize this type of conduct quickly in order to act on it.
Disability discrimination involves an employer treating a qualified employee or job applicant unfairly because they have any type of disability. One common form of discrimination in the workplace is adverse employment actions, such as demoting, refusing to hire, or firing someone with a disability.
Discrimination can also include the failure to make reasonable accommodations that would allow an employee to perform or maintain their job. Employers must participate in an interactive process to address the need for accommodations. Failure to do so is a violation of the employee’s rights.
Harassment and retaliation are other discriminatory actions. They create a hostile work environment and punish workers for asking for accommodations that they have a right to request.
Gathering Evidence
If you’ve experienced any of these issues, one question you may be asking is “How do I prove disability discrimination at work?”
The first step is to gather as much evidence of discriminatory behavior as possible. Keep detailed notes of all incidents and save emails, text messages, company memos, and anything else that points to discriminatory conduct. If there were witnesses to the incidents, their accounts can be a big help.
Reporting the Incident to Your Employer
The next step in registering a California disability discrimination complaint is to let your employer or human resources (HR) team know about the incident. Your company likely has internal procedures for handling discrimination complaints.
Filing a Complaint With a Federal Agency
If internal attention doesn’t resolve the problem, you’ll need to file an official complaint with a federal agency. You can file with either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
Seeking Legal Assistance
Pursuing a disability discrimination claim in California is complex, so you’ll benefit from working with an experienced lawyer. Hiring a professional to guide you through the legal process will make seeking accountability much easier.
Understanding Your Rights Under California and Federal Protections
When considering how to report disability discrimination in California, there are laws you can depend on to protect you. Federal regulations include the Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees.
California law has a broader definition of disability than federal law. You have rights under the California Fair Employment and Housing Act, which covers physical and mental conditions as well as medical histories.
Choosing the Right Agency for Your Specific Situation
If you find yourself asking “How do I report disability discrimination in California?” one of the most essential things is to know which agency to turn to. That might bring you to the next logical question: “Where do I file a disability discrimination complaint in California?”
The answer will depend on your specific situation. If you’re filing a complaint because of workplace bias, the denial of reasonable accommodations, or discriminatory hiring practices, you might consider an EEOC disability discrimination complaint.
Alternatively, you might choose to explore remedies for ADA disability discrimination in California if your employer has 15 or more workers, or FEHA if your employer has five or more employees. The California Civil Rights Department (CRD) is responsible for enforcing FEHA.
Keep in mind that if you file with a state agency like the California Civil Rights Department, it will automatically be dual-filed with EEOC if federal laws apply.
The Strict Timelines You Must Follow to Protect Your Claim
To avoid losing out on benefits after being subjected to disability harassment in California, you must file your complaint promptly.
When filing with the EEOC, you have 180 days from the date of the discriminatory conduct, though this timeline could extend to 300 days if state laws also apply. Once the EEOC files a Right-to-Sue notice, you have 90 days to bring a federal lawsuit.
In California, you must file an administrative complaint with the CRD before you can bring a lawsuit. You have three years from the last act of discrimination to take this step, though you shouldn’t wait that long. As soon as you file, you may request a Right-to-Sue notice. From the time you receive this notice, you have one year to bring a claim.
How to Build a Compelling Narrative and Gather Essential Evidence
Whether you decide to pursue a California Fair Employment and Housing Act disability discrimination claim or a federal claim, you’ll need to prove that discrimination actually occurred.
That means piecing together a chronological narrative of relevant events. Focus on organizing all of the examples of discrimination you’ve experienced into a clear timeline to make it easier for others to follow.
Having a timeline can help contextualize suspicious timing. For example, if you can show that you requested reasonable accommodations one week and were demoted the next, it could point to retaliation.
Similarly, if you started receiving negative feedback after revealing that you have a disability and can demonstrate that all of your performance reviews up to that point were positive, it can strengthen your claim and make it easier to report disability discrimination in California with meaningful results.
It may also be helpful to compare how non-disabled employees under similar circumstances are treated at your place of work. If you can demonstrate that they receive more favorable treatment, your claim is more likely to be taken seriously.
You’ll need strong evidence that you’ve suffered discrimination. Medical records, in particular, can offer irrefutable proof of your medical condition or mental impairment.
Accommodation records can be helpful, too, so make sure to preserve all messages and responses you’ve sent and received regarding these requests. While you’re at it, you’ll want to gather all of your employment files, along with relevant company documents like equal opportunity policy manuals.
If there were witnesses to the discrimination, ask them for statements attesting that you were discriminated against. Their accounts could prove indispensable.
Navigating the Official Intake and Filing Process Step by Step
The next step in learning how to report disability discrimination in California is to speak with your employer or HR department. If internal investigations don’t resolve the issue or you don’t feel comfortable speaking with your employer, you can proceed to file an official complaint.
The intake process will require you to navigate to the online portal of the agency you’ve chosen to file a complaint with and register an account. You’ll then be able to provide a detailed overview of what happened. In most instances, you’ll be asked to complete a pre-complaint inquiry, which can be done via an online form or intake interview.
Be prepared to provide:
- Your name, address, and telephone number
- The contact information of the employer or other entity you’re filing a complaint against
- The number of employees in the business (if possible)
- A short description of the incidents you believe constitute discrimination
- The dates and times that the events occurred
- The reason you believe you were discriminated against (sex, race, disability, etc.)
- Your signature
An agency representative will assess the information you provide and verify jurisdiction.
Once you receive a response, you can file an official complaint, which will involve furnishing similar information to the intake interview, along with evidence that supports the complaint. You can file online through the website of the appropriate agency, though it’s also possible to do so by mail or telephone.
What Actually Happens After Your Complaint Is Submitted?
After filing a complaint for reasonable accommodation discrimination in California (or for any other form of discrimination), the agency will launch a formal investigation. During this process, they’ll look at all of the evidence you’ve collected and speak with witnesses.
After the investigation, the agency will either close the case or recommend mediation to obtain a settlement from your employer. However, the choice of whether to accept a settlement is yours alone.
Alternatively, you can request a Right-to-Sue notice upon filing your complaint. This allows you to bypass the investigation so you can file a lawsuit directly against your employer.
When to Coordinate With Other Benefits and Seek Professional Legal Guidance
When filing a workplace discrimination complaint, you may be able to obtain certain benefits to offset any adverse employment actions you’ve suffered. For instance, you might choose to pursue job-protected leave or short-term disability wage benefits, depending on the exact circumstances.
“How do I report disability discrimination in California?” may not be the only question you have at this stage. You might also be unsure of what disability discrimination legal help looks like or when to seek it.
It’s always a good idea to contact an attorney for support when asserting your legal rights. They can help you overcome the challenges involved in filing a complaint with state and federal agencies and will be invaluable if you decide to pursue a lawsuit.
The Oakland disability discrimination defense lawyers at California Civil Rights Law Group have decades of experience helping workers who have unfairly faced adverse employment consequences. We can help you address injustice in the workplace and seek the compensation you deserve. Contact us today to speak with an attorney.
