Examples of Disability Discrimination at Work in California

Perpetrators of workplace discrimination often use manipulative tactics toward victims. In doing so, it can make the victim unsure of their reality. Knowing different examples of disability discrimination at work in California can help you understand if you’ve been a victim of discrimination. If you suspect you have, consider hiring a disability discrimination lawyer to help you understand the legal options available to you.

Experienced Employment Law Firm in California

Esperanza Anderson has fought to recover over $15 million in compensation for our clients. We have a niche focus on employment law, yet we understand that no two cases are the same.

Founding attorney Esperanza Anderson works directly with her clients to create a custom legal strategy that focuses on the specific challenges they may be facing in their case.

Given her years of experience taking on large companies, she focuses on an efficient and aggressive approach. Her goal is to resolve your case as quickly as possible in order to help you move forward in life. Ms. Anderson provides bilingual services to those more comfortable communicating in Spanish.

The Reality of Employment for Californians Living With a Disability

More than 28% of adults in the United States live with at least one type of disability. That’s more than one in four people. Despite this high percentage, the country remains unaccommodating to the different needs of disabled adults.

Safety net programs help many Californians with disabilities stay out of poverty. These programs include Supplemental Security Income/State Supplementary Payment (SSI/SSP), CalFresh, and housing assistance. However, these programs have strict income limits, making it difficult for disabled workers to escape poverty and retain full-time employment.

For example, to receive SSI/SSP, a person must have a very low income and be unable to engage in substantial work. In 2024, the monthly earnings limit was about $1,500.

Even when a disabled worker is employed, they often face discrimination, open hostility, and unaccommodating environments for their needs. Needs are not wants or desires; they’re necessary for a worker’s health and safety.

Knowing what discrimination in the workplace looks like can help you protect yourself.

Types of Workplace Discrimination

In 2022, the US Equal Employment Opportunity Commission had a rise in workplace complaints. Americans filed 73,485 new discrimination complaints, which is almost 20% more than in 2021. In California in 2022, there were 12,181 complaints filed with the Civil Rights Department for workplace disability discrimination.

Major employers in California include Amazon Fulfillment Centers, Kaiser Permanente, and Tesla. Wrongdoers often use subtle or manipulative tactics when committing unlawful behavior.

This is done so they can try to avoid a legal case against them and make the victim feel like they’re overreacting. Examples of workplace discrimination can include:

• Your employer refuses to provide reasonable accommodations, such as accessible workstations or modified schedules.
• You are denied flexible work options like remote work, reduced hours, or modified duties.
• You are overlooked as a job applicant because of your disability, regardless of your qualifications.
• You are asked inappropriate questions about your medical history or limitations during job interviews.
• Promotions and raises are being withheld due to assumptions about your abilities.
• You are assigned unreasonable workloads or dangerous tasks.
• Employers or other workers make mocking, offensive comments, or jokes about your disability.
• You are unfairly excluded from meetings, team activities, training opportunities, or social events.
• You consistently get negative performance reviews.
• You face an unjustified disciplinary action.
• Your employer imposes stricter rules on you compared to your non-disabled coworkers.
• You are terminated or demoted.
• Your benefits are denied, such as health insurance coverage, medical leave, or access to employee assistance programs.
• There are assumptions made about your productivity.
• Your employer limits your interactions with clients.
• You are isolated from team collaboration.

It’s important to listen to your gut. If you suspect you’ve been a victim of these actions, reach out to a lawyer to help you.

FAQs

What Do I Do if I’ve Faced Workplace Discrimination?

If you’ve faced workplace discrimination, you can file a complaint with California’s Civil Rights Department. California employees are protected under the Fair Employment and Housing Act. This law protects workers from unfair treatment due to their protected characteristics, including having a disability.

Once your complaint is filed, the CRD will investigate. If you file a complaint with a “right-to-sue” notice, they won’t investigate, but you’ll be able to pursue a legal case in court against the wrongdoer.

How Long Do I Have to Report Workplace Discrimination in California?

In California, you have three years to report workplace discrimination to California’s Civil Rights Department (CRD). For employment cases, you can’t just jump straight to filing a legal case in court.

You must first obtain a right-to-sue notice from the CRD. While this timeline seems long, it’s important to file as soon as possible. Waiting too long can decrease your chances of a successful legal case. Evidence tends to fade fast, such as witness memories fading and written communication being deleted.

What Evidence Should I Collect to Strengthen My Workplace Discrimination Case?

You should collect extensive evidence to help strengthen your workplace discrimination case. Evidence can include written communication, such as emails, letters, or text messages.

Photos and videos can be helpful for any unaccommodated workplace issues, such as not having a desk that works with an employee’s wheelchair. Include any official documents, such as terminations, disciplinary forms, pay stubs, and your employee contract. Your lawyer can contact any witnesses for their testimony.

Can I Be Fired for Reporting Workplace Discrimination?

No, you can’t be fired for reporting discrimination in the workplace. This would be classified as retaliation. California workers are protected from retaliation under the Fair Employment and Housing Act. However, this doesn’t mean that workers aren’t still unfairly fired. If you’ve been fired unlawfully, contact a lawyer as soon as possible to pursue a legal case.

Hire a Disability Discrimination Lawyer With Years of Litigation Experience

Reach out to Esperanza Anderson today to schedule your confidential consultation at our Pasadena office, located in Los Angeles County. Ms. Anderson understands how destabilizing workplace discrimination can be. She’s spent over 25 years being a dedicated advocate for her clients. Choose our firm to fight for your rights.