Can I Sue for Disability Discrimination? Know Your Rights and Legal Options

TL;DR

Yes, you can sue for disability discrimination if your employer treats you unfairly because of a disability or says no to simple changes that would help you do your job. California law protects you even if you work at a small business and gives you more time to file a claim than federal law does. Let’s walk through what counts as discrimination, how you can prove it, and what steps to take next.

You told your manager about your disability. Maybe you asked for a chair that wouldn’t hurt your back and make it impossible to sit by the afternoon. Instead of getting help, you got attitude. Suddenly, your hours changed for no reason.

If this sounds familiar, you’re probably thinking, “Can I sue for disability discrimination?” The answer is yes, in many situations. Both federal and California laws are on your side if you’re treated unfairly at work because of a disability.

Disability discrimination isn’t just about getting fired. Maybe you got passed over for a promotion right after your boss found out about your situation. Sometimes discrimination is more subtle. Maybe your manager left you out of a project because they assumed you can’t handle it.

The law is wide open here. In California, your disability doesn’t have to be permanent or even serious to get protection. Broke your leg? That counts. Have anxiety or a long-term illness? That counts, too. Even if your boss only thinks you have a disability, they can’t treat you unfairly.

Picture a cashier who isn’t allowed to use a stool during long shifts. Or someone working in an office who’s suddenly skipped for a raise after coming back from medical leave. Both of those are examples of disability discrimination at work.

Yes, you can. If your employer treats you unfairly, denies a reasonable accommodation, or fires you because of your disability, you may have a case. You don’t have to prove your employer meant to be cruel. You only need to show your disability played a role in what happened.

This issue is everywhere. The U.S. Equal Employment Opportunity Commission tracks discrimination charges every year. Disability discrimination was the second most common complaint filed nationwide. In the latest data, it made up 38 percent of all the complaints.

Filing a lawsuit isn’t your only option. Many cases settle before they reach a courtroom. Just knowing you have that option can change how you handle everything.

If you’re unsure whether you have a case or not, don’t hesitate to consult us at Blair and Ramirez LLP. We’ll review your situation and explain your legal options clearly.

California gives you more protection than federal law does. Under the Fair Employment and Housing Act, your rights kick in as soon as your job has five people on payroll. Federal law only helps if your company has at least fifteen. That gap matters if you work for a small business.

Your employer has to try, too. When you ask for help, California law says your employer must actually talk things over with you and try to find a solution. If they just say no right away, without even discussing options, that’s usually not enough. And if your boss punishes you for just asking, that’s illegal retaliation, even if you never get the change you wanted.

In California, you usually have up to three years to file a claim with the Civil Rights Department. The federal deadline is much shorter. You sometimes just have 300 days. So those clocks don’t tick at the same speed.

Proving discrimination usually comes down to patterns and paperwork. You don’t need a dramatic confession. What really matters is showing how all the pieces fit together.  

Start by writing down what happened. Write down when your employer first found out about your disability. Then notice if anything changed after that. Did you get demoted? Or did people start acting differently toward you?

Fitore Hyseni and her team at Syracuse University dug into national surveys from the pandemic. They found that some workers were much less likely to get the accommodations they needed, even when others in similar jobs got approved. Disability discrimination is more common than you think.

Don’t wait. Write down what happened while it’s still fresh in your mind.

Hang on to your emails and texts. Save copies of your performance reviews from before and after your boss learned about your disability. If a coworker saw something, ask if they remember it.

If you feel safe, tell HR. Filing a complaint in writing creates a trail you might need later. You don’t have to solve everything right away. Just understanding your rights is a big first step.

Many people start searching for a lawyer for workplace disability issues once things at work get confusing.

If you don’t understand your rights, it’s easy to think the legal system is set against you.

If you reach out to us at Blair & Ramirez LLP, we’ll sit down with you, listen to your story, and break down which laws cover your situation. We can help you figure out what your rights are after facing discrimination at work.

• Disability discrimination isn’t just about getting fired. If you ask for a simple accommodation at work and get turned down, that counts too.
• California’s Fair Employment and Housing Act protects you at jobs with just five people. That’s a much lower bar than federal law, which doesn’t kick in until a company has fifteen employees.
• You usually get up to three years to file a complaint with California’s Civil Rights Department, so you have time to act.
• One of the best moves you can make is to write down exactly what happened and when. Documentation can make your case much stronger.

You don’t have to figure this out on your own. If work is getting harder because of a disability, it might be time to get answers.

Book your free case review. Let’s talk about what happened and see how we can help you take the next step.