Disability Discrimination in the Workplace: What California Employees Should Know

People come in every shape, size, and ability imaginable. Some move through the world with a white-tipped cane or wheelchair; others manage chronic pain, anxiety, or learning differences you might never see. Every one of them brings value, skill, and perspective to the workplace — and every one deserves the same chance to thrive.

That’s what National Disability Employment Awareness Month is all about: recognizing that inclusion isn’t about charity or special treatment. It’s fairness. It’s respect. And under both federal and California law, it’s the standard every employer is expected to meet.

If you’ve ever been denied an accommodation, sidelined after an injury, or quietly pushed out for asking for help, you’re not imagining it — and you’re not powerless. Here’s what you need to know about disability discrimination in California workplaces, how to recognize it, and what you can do to protect yourself.

What Counts as a Disability (and Why Definitions Matter)

You don’t have to “look” disabled to be subjected to disability discrimination — or to be protected under the law. A disability, in legal terms, simply means a physical or mental condition that significantly limits one or more major life activities — such as walking, seeing, concentrating, or even sleeping. But that definition covers far more people than many realize. Chronic illnesses, anxiety, depression, ADHD, learning disabilities, and even temporary conditions caused by injury can all qualify.

At the federal level, the Americans with Disabilities Act (ADA) sets the standard for employee protection nationwide. In California, the Fair Employment and Housing Act (FEHA) goes even further, offering broader coverage and stricter rules for employers. In practice, if you can perform your essential job duties — with or without reasonable accommodations — you have the protected right to fair treatment in the workplace regardless of disabilities.

What Disability Discrimination Looks Like in Real Life

Disability discrimination is not always as dramatic as wrongful termination or wage theft. Sometimes it occurs as a slow erosion of respect. It can start with small things: a supervisor becoming irritated when you ask for a chair that supports your back, or a coworker making jokes about “special treatment.” Other times, it’s much more blatant — being written up for absences tied to medical appointments, denied a reasonable accommodation, or even fired after returning from medical leave.

Under both the ADA and California’s FEHA, those actions can qualify as unlawful discrimination. It’s not just about overt hostility; it’s about being treated differently — or penalized — because of your condition, your perceived limitations, or your request for help.

Disability discrimination can happen at any stage of employment: during hiring, training, promotion, or termination. It can look like being passed over for advancement, excluded from projects, or subjected to unreasonable performance standards that no one else faces.

If any of that sounds familiar, you’re not being too sensitive — you may be seeing the signs of a workplace that’s out of step with the law.

Reasonable Accommodation: What You Have the Right to Ask For

If you can do your job with a few adjustments, the law says your employer must work with you — not against you — to make that possible. This is known as a reasonable accommodation, and it’s one of the most powerful protections California employees have.

A reasonable accommodation may include modifying your work schedule, adjusting your workspace, or reassigning certain tasks that aggravate your condition. It could be something as simple as speech-to-text software, a quieter environment, or permission to sit during long shifts. The point isn’t to give you an advantage — it’s to remove barriers that keep you from contributing your best work.

Both the ADA and FEHA require employers to engage in what’s called an “interactive process.” That means once you request an accommodation, the employer must talk with you in good faith to identify what will help and whether it’s feasible. They can’t just say “no” or ignore the request. They have to explore solutions and document their efforts.

Most accommodations cost little or nothing to implement. What they do cost — a few minutes of thoughtfulness and a bit of flexibility — is far less than the legal and moral price of ignoring an employee’s needs. And when an employer refuses to even discuss options, that refusal itself can be considered a form of discrimination under California law.

Protect Yourself: How to Respond and Document Everything

Sometimes disability discrimination begins after an injury or medical leave. You may come back ready to work, only to find your position “restructured” or your hours cut. That’s not a coincidence — and it’s not legal. Whether your condition developed over time or resulted from an accident, you have the same right to fair treatment and reasonable accommodation as anyone else.

If you suspect discrimination, documentation is your best defense. Keep a detailed, private record from the moment problems start. Note every conversation, email, or schedule change tied to your condition or requests for help. Collect the names and contact information for any potential witnesses to unfair treatment. Save all doctors’ notes, HR messages, and any performance reviews that suddenly shift in tone after you disclose a disability.

Document everything — it’s your evidence if the situation escalates. Discrimination cases often hinge on proof, not intention, and written records show exactly what happened and when. If you can, report issues in writing to HR or your supervisor and keep copies of their responses to create a paper trail.

Don’t wait until things spiral. The sooner you reach out to an employment attorney or file a complaint, the stronger your position will be. You have rights — and a paper trail helps protect them.

Taking Action: Your Voice Matters

National Disability Employment Awareness Month is a reminder that inclusion starts with awareness — but it doesn’t end there. You have the right to be treated with dignity, to request accommodations without fear, and to work in an environment that values what you can do, not what you can’t. If that isn’t happening, speak up. Seek support. Contact an employment attorney to protect your rights. And remember: documenting, reporting, and standing firm aren’t acts of defiance — they’re acts of self-respect.

Because equality at work isn’t a favor employers grant. It’s the law.