If you are dealing with disability discrimination in California, you don’t just have to accept it. State law gives employees strong protections. A recent case, Bronshteyn v. Department of Consumer Affairs, shows how powerful those protections can be and why employees shouldn’t give up when their employer refuses to provide accommodations.
I’m Matt Ruggles, and I’ve been practicing employment law in California for more than 30 years. In that time, I’ve handled countless disability discrimination claims. I wrote this blog because I want California employees to see how the law actually plays out in the courtroom, not just in theory. The Bronshteyn case is a real-world example of what can happen when an employee stands firm, asserts their rights, and takes their employer to task.
In the sections that follow, I’ll walk you through the case itself, explain the key lessons for California employees, and give you practical steps to take if you believe you’ve been discriminated against because of your disability. I’ll also answer common questions employees ask when they’re worried about how their employer is treating them.
What Disability Discrimination in California Means
Disability discrimination in California refers to unfair treatment of employees due to a physical or mental disability, resulting in negative consequences in the workplace, such as denial of job opportunities, wrongful termination, or the refusal to provide necessary accommodations. Under the California Fair Employment and Housing Act (FEHA), employees are provided with broad protections that go beyond federal law, ensuring that individuals with disabilities are treated equitably in all stages of employment, from recruitment to termination.
If you believe your rights under FEHA have been violated, contact the Ruggles Law Firm today at (916) 758-8058 to discuss your situation.
How Disability Discrimination Differs from Other Employment Discrimination
While disability discrimination shares similarities with other types of employment discrimination, there are notable differences. Although most forms discrimination never are permissible under any circumstances, disability discrimination may be permissible (lawful) if the employee’s disability prevents the employee from performing essential job functions with or without reasonable accommodations. If an accommodation is possible, the employer must offer it, unless it poses an undue hardship to the business.
The FEHA serves as a primary source of protection, applying to California employers with five or more employees. The law emphasizes the importance of providing reasonable accommodations and engaging in the interactive process to assess whether an accommodation is necessary.
If you’re wondering how California law shields workers from discrimination and retaliation, read my blog “FEHA: How It Protects California Employees” to learn what protections you have under the Fair Employment and Housing Act.
Common Forms of Disability Discrimination in California
Examples of disability discrimination in California include:
- Hiring and Promotion: Refusing to hire or promote someone because of their disability.
- Wrongful Termination: Firing or laying off an employee after learning about their disability or medical condition.
- Unreasonable Denial of Accommodation: Denying reasonable accommodations that would allow an employee to perform their essential job functions.
- Harassment and Stigmatization: Mocking, ridiculing, or treating an employee unfairly due to their condition.
- Job Restructuring: Reassigning an employee to less desirable duties or reducing their hours because of a disability.
If you’ve been terminated after taking a medical leave of absence, read my blog “My Leave of Absence Ended in Termination. Was this Discrimination?” to understand your rights and options.
If your employer has denied your request for medical leave, read my blog “Denied Medical Leave: What Employees Can Learn from Head v. Costco” to see how California law protects you.
Disability Discrimination in California: A Real Case Example
It’s one thing to talk about what the law says. It’s another to see how these rules work when an employee actually takes their employer to court. The Bronshteyn v. Department of Consumer Affairs case is a perfect example. It shows how California courts apply the FEHA, what happens when an employer refuses to accommodate, and how costly disability discrimination can become for an employer that digs in its heels.
Let’s take a closer look at the case.
Case Review: Disability Discrimination in California (Bronshteyn v. Department of Consumer Affairs).
Background: Disability Discrimination in California (Bronshteyn)
The employee at the center of this case, Diana Bronshteyn, had been diagnosed with fibromyalgia, a chronic condition that causes widespread pain, fatigue, and other symptoms that can make full-time work difficult. Despite her medical condition, she wanted to keep working and asked her employer, the California Department of Consumer Affairs, for support so she could continue doing her job.
Instead of working with her, the Department resisted. Bronshteyn filed a lawsuit under the FEHA, claiming:
- Failure to accommodate her disability,
- Failure to engage in the interactive process (the required back-and-forth discussion about accommodations),
- Disability discrimination, and
- Failure to prevent discrimination in the workplace.
Her case became a test of how far an employer must go to follow California’s disability discrimination laws and what happens when they refuse.
How California Employers Defend Disability Discrimination Claims
From the start, the Department of Consumer Affairs took a hardline approach. Instead of trying to resolve the case early, the employer refused to consider settlement when Bronshteyn first raised the issue. She even made a formal settlement offer of $600,000, a fraction of what the case would eventually cost, but the Department rejected it outright.
What followed was years of aggressive legal maneuvering. The Department filed multiple motions to block or dismiss the claims, fought over discovery, and generally tried to wear down the case through sheer volume of litigation. These tactics dragged the case out for years, forced Bronshteyn and her lawyers to keep fighting, and dramatically increased the legal fees on both sides.
In the end, this strategy backfired. The longer the employer fought, the more it exposed itself to higher damages and a massive attorney fee award once Bronshteyn prevailed.
Case Outcome: Disability Discrimination in California
After a six-week trial, the jury sided with Bronshteyn on every claim. They awarded her $3.3 million in damages for the harm caused by the Department’s failure to accommodate her disability and the discrimination she endured.
But the case didn’t end there. Because California’s Fair Employment and Housing Act (FEHA) allows employees who win their cases to recover their attorney fees, the court also ordered the Department to pay nearly $4.9 million in legal fees to Bronshteyn’s lawyers.
This fee-shifting rule is critical. It means employees can bring valid discrimination cases without worrying that legal costs will crush them. Employers who gamble by refusing to settle can end up paying not just damages, but also years of legal fees on top of it.
Key Takeaways for Employees Facing Disability Discrimination in California
FEHA Strongly Protects Employees with Disabilities
- Employers must provide real accommodations and engage in interactive process.
Employers Risk More by Refusing to Settle
- Employer ignored $600,000 settlement offer, paid millions more.
Attorney Fee-Shifting Levels the Playing Field
- Employees can afford skilled lawyers because FEHA shifts fees if they win.
Even Risky Disability Discrimination Cases Can Succeed
- Fibromyalgia stigma didn’t prevent a win. Persistence matters.
Employer Litigation Tactics Can Backfire
- Endless motions increased employer’s liability.
Retaliation Risks in Disability Discrimination Cases Under FEHA
One of the biggest fears employees have when they ask for an accommodation is that their employer will punish them for speaking up. Retaliation can take many forms i.e. sudden write-ups, a demotion, being excluded from projects, or even termination.
California law makes this illegal. The FEHA does more than require employers to accommodate disabilities; it also forbids retaliation against employees who assert their rights. That means if you request an accommodation, file a complaint, or even just raise concerns about disability discrimination in California, your employer cannot lawfully punish you for it.
If retaliation happens, it creates a separate legal claim on top of the underlying disability discrimination. In many cases, retaliation claims are even stronger than the original accommodation dispute because the employer’s conduct is so blatant.
Steps California Employees Can Take to Fight Disability Discrimination
If you think your employer is treating you unfairly because of your disability, don’t wait and hope things improve on their own. Here are the practical steps California employees should take:
Step 1: Know Your Rights Under the FEHA
The Fair Employment and Housing Act (FEHA) protects employees with disabilities. You have the right to request a reasonable accommodation that helps you do your job. Make your request in writing and be specific about what you need. Once you do, your employer is legally required to engage in a good-faith interactive process, a real conversation about possible solutions.
Step 2: Document Everything
Keep records of every request and every response. Save doctor’s notes, emails, letters, and HR communications. Create a timeline of when you made requests, what you asked for, and how your employer responded (or failed to respond). Documentation is often the difference between a strong case and one that gets brushed aside.
Step 3: Don’t Be Discouraged by Pushback
Employers sometimes deny, delay, or downplay accommodation requests. That doesn’t erase your rights. Even if your employer insists they’ve done “enough” or tries to pressure you to return without restrictions, the law still requires them to work with you in good faith.
Step 4: Talk to an Employment Lawyer Early
The earlier you consult an attorney, the better positioned you are to protect yourself. A lawyer can help you avoid retaliation, strengthen your documentation, and prepare for the possibility of settlement or trial. With FEHA’s fee-shifting rules, employees with strong cases can secure skilled legal representation without worrying about paying attorney fees up front.
Quick Disability Discrimination Checklist for California Employees
- Keep medical documentation.
- Submit written accommodation requests.
- Track employer’s responses.
- Record retaliation or mistreatment.
- Seek legal advice before it’s too late.
If you believe you’ve been discriminated against because of your disability, call the Ruggles Law Firm. We help California employees enforce their rights under FEHA and hold employers accountable.
Frequently Asked Questions (FAQs) About Disability Discrimination in California
What qualifies as a disability under California law?
Under the Fair Employment and Housing Act (FEHA), a disability includes physical or mental conditions that limit a major life activity. This definition is broader than federal law. Conditions like chronic pain, anxiety, depression, or learning disabilities may qualify.
Can my employer fire me for requesting accommodation?
No. Firing, demoting, or otherwise retaliating against an employee for requesting accommodation is unlawful disability discrimination in California.
What if my employer ignores my doctor’s notes or requests?
If your employer refuses to respond, delays unnecessarily, or dismisses your requests, they may be violating FEHA. The law requires employers to engage in a real, back-and-forth interactive process with you.
What are examples of reasonable accommodations in California workplaces?
Examples include modified schedules, remote work, ergonomic equipment, leave for treatment, job restructuring, or reassignment to an open position. The right accommodation depends on your condition and job duties.
How much can I recover in a disability discrimination case?
Damages may include lost wages, emotional distress, and in some cases, punitive damages. If you win, your employer may also be ordered to pay your attorney fees.
Do I have to pay for a lawyer to bring a claim?
No. FEHA allows fee-shifting, which means if you prevail, the employer pays your attorney fees. Many lawyers take these cases without upfront payment.
How long do I have to file a disability discrimination claim in California?
You generally have three years from the discriminatory act to file a complaint with the Civil Rights Department (CRD). Acting sooner protects your rights and strengthens your case.
What should I do if I suspect disability discrimination in California?
Document everything, request accommodations in writing, keep medical records, and speak with an employment lawyer as early as possible.
If you’ve experienced workplace discrimination in California, read my blog “Workplace Discrimination in California: All Employees Have Equal Rights” to learn how state law protects you.
Conclusion: Fighting Disability Discrimination in California
The Bronshteyn case is a reminder that persistence, backed by California’s strong legal protections, can turn the tide for employees facing disability discrimination. When employers refuse to follow the law, the courts can and do hold them accountable.
You don’t have to face disability discrimination in California on your own. With the protections built into the Fair Employment and Housing Act, and with the right legal guidance, employees can secure accommodations, protect their jobs, and recover damages when employers cross the line.
At the Ruggles Law Firm, we’ve seen how the right strategy and persistence can make the difference. If you believe you’ve been discriminated against because of your disability, call us. We’ll evaluate your situation and help you understand the best way forward.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
