Disability Discrimination

Sacramento Employment Law Attorney

If you have faced Disability Discrimination in the workplace, the Ruggles Law Firm is here to help. Learn the vital information you need to help build your case!

Matthew J. Ruggles

30+ Years of Employment Litigation Experience

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Disability Discrimination Northern California

Matt Ruggles has litigated scores of disability discrimination lawsuits from both sides – for decades as a defense attorney representing corporations at one of the largest law firms on Earth; and since 2016 representing disabled employees discriminated against by corporate employers.

Matt has recovered millions of dollars from large and small corporations, partnerships, and limited liability companies and individuals that broke California law by illegally discriminating against disabled employees.

Through this content page, Matt hopes to inform and empower employees with the information they need to recognize, address, and remedy disability discrimination.

For an explanation of the broader topic of Workplace Discrimination, click here.

Understanding California Disability Discrimination

Disability discrimination, within the context of California employment law, refers to the unfair or prejudicial treatment of individuals in the workplace due to their disabilities, resulting in adverse employment actions such as denial of job opportunities, unequal treatment, wrongful termination, or the refusal to provide reasonable accommodations that would enable them to perform their job duties effectively.

Disability discrimination is similar to other forms of employment discrimination, with one key difference: sometimes it’s permitted.  Employers are allowed to take an adverse employment action against an employee when the employee’s disability prevents the employee from performing the essential functions of a job with or without a reasonable accommodation.

There is a fundamental differentiation within the topic of disability discrimination that holds paramount importance—distinguishing between access laws and employment laws. This distinction serves as a cornerstone in understanding the multifaceted landscape of disability rights and protections.

Wrongful Termination - The basics

Access Law:

Access law primarily concerns itself with ensuring equal access and accommodation in public spaces such as handicapped bathroom stalls and handicapped parking spaces, enabling individuals with disabilities to participate fully in society.  The Ruggles Law Firm does not handle disability access law cases. The Ruggles Law Firm handles all aspects of disability discrimination claims that arise from employment.  Please contact us to discuss your claim.

Employment Law:

Employment law centers on the rights of individual employees in the workplace including interactions and opportunities. It mandates that employers provide equal chances and fair treatment to individuals with disabilities during all stages of employment, from recruitment and advancement to termination.  The focus of this content page is understanding disability discrimination as it applies to California employment law.

This content page is designed with a primary focus on empowering employees by imparting a clear and comprehensive understanding of their rights safeguarding them against employment-related disability discrimination.

What Specific Laws Protect California Employees Against Disability Discrimination?

California Fair Employment and Housing Act (FEHA): The FEHA is California’s state law that provides broad protections against discrimination, including disability discrimination.  The FEHA applies to employers with five or more employees. Some key aspects of the FEHA include:

  • Prohibiting discrimination, harassment, and retaliation based on disability.
  • Requiring employers to provide reasonable accommodations to qualified individuals with disabilities unless it imposes an undue hardship on the employer.
  • Requiring employers to engage in an “interactive process” with the employee to determine if accommodations are feasible.
  • Protecting individuals who are perceived as having a disability or who have a history of a disability.
  • Covers a wide range of medical conditions, physical and mental impairments, and other disabilities.

Americans With Disabilities Act (ADA):

The ADA is a federal law that prohibits discrimination against people with disabilities in various aspects of life, including employment. It applies to employers with 15 or more employees. Under the ADA, employers are required to provide reasonable accommodations to individuals with disabilities, unless doing so would cause undo hardships.

California Pregnancy Disability Leave (PDL):

PDL requires employers with five or more employees to provide up to four months of unpaid leave to employees disabled by pregnancy, childbirth, or related medical conditions.

California Family Rights Act (CFRA):

While not specifically addressing disability discrimination, CRFA provides eligible employees with up to 12 weeks of job-protected leave for certain medical conditions, including those related to a disability. It applies to employers with 5 or more employees. 

Matt’s Further Legal Perspective:

The California FEHA is Preferrable to the Federal ADA for Employment Disability Discrimination Claims.

The ADA and FEHA both aim to protect individuals with disabilities from discrimination in the workplace, but they differ in their minimum requirement thresholds for what constitutes a disability. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Under the Fair Employment and Housing Act (FEHA), the definition of a disability is notably more lenient compared to the federal Americans with Disabilities Act (ADA). FEHA defines a disability as “any physical or mental condition that makes the achievement of a major life activity difficult.” This broader definition is designed to encompass a wider range of impairments and challenges faced by individuals, ensuring a more inclusive approach to protection against discrimination in the workplace.

Unlike the ADA, which emphasizes the substantial limitation of major life activities as a criterion for defining a disability, FEHA takes a more flexible approach. The inclusion of “makes the achievement of a major life activity difficult” acknowledges that an impairment doesn’t necessarily need to severely limit or prevent a major life activity. Instead, even if an impairment causes difficulties, inconveniences, or challenges in performing a major life activity, it can still qualify as a disability under FEHA.

Additionally, under the ADA, remedial measures, such as medications or assistive devices, are factored into determining whether an individual qualifies as having a disability. However, in contrast, California’s FEHA takes a more lenient approach, as it does not consider these remedial measures when defining a disability. As an example, a person who wears eyeglasses could potentially be qualified as disabled under the FEHA but would not be disabled under the ADA.

What is the Definition of a “Disability” in California?

Understanding Your Employment Rights

Under the California Fair Employment and Housing Act (FEHA), a disability is defined as a physical or mental impairment that significantly limits or makes the achievement of a major life activity more difficult. Major life activities encompass fundamental daily tasks essential to an individual’s ability to participate fully in society, such as walking, seeing, hearing, speaking, breathing, learning, performing manual tasks, caring for oneself, working, and interacting with others.  In most cases of employment law, the most important life activity is “working.”

While it is nearly impossible to compile an exhaustive list of all potential disabilities covered under the Fair Employment and Housing Act (FEHA), the following is a comprehensive overview of the major categories. This summary is intended to provide clarity and insight into the diversity of disabilities that fall within the purview of FEHA’s protections.

It’s important to note that the FEHA’s broad scope encompasses a wide range of conditions including temporary conditions, and this summary aims to offer a foundational understanding of the various categories while acknowledging the unique nature of each person’s experience.

Note: The source of a disability is not a factor in the determination of whether the employee is entitled to relief under the Fair Employment and Housing Act.  In other words, it does not matter whether the injury happened at work, happened during personal recreation time or was even intentional.

Pre-existing Physical Limitations on Mobility

Any physical restriction or limitation that the employee had prior to obtaining the job in question. For instance, an employee that requires a wheelchair because of a severe childhood injury, an employee that has a lifting restriction because of an unrelated illness, or any other restriction on walking, standing, lifting, pushing, pulling, or any other form of physical mobility.

Unexpected Illness or Injury Requiring Hospitalization:

A short or extended injury or illness that requires hospitalization, frequently resulting from non-work-related source.  For instance, the employee suffers a heart attack during a vacation, and requires several weeks of hospitalization, an employee needs a modified workstation because of a water-skiing accident, or an employee needed a leave of absence for a muscle torn during a game of flag football at the park.

Physical Limitations Related to Workplace Injuries:

Employees that suffer an “industrial injury” at work often are given mobility restrictions from the workers’ compensation evaluator.  Those restrictions, including lifting, pushing, pulling, stooping, sitting and standing, often qualify as disabilities under California law.

Mental Disabilities

Any mental or emotional medical condition that adversely affects an employee’s ability to perform the essential functions of the position with or without a reasonable accommodation.  Mental Disabilities typically are the most difficult types of disabilities for employers to accommodate, and generally present difficult claims to win.

What is NOT a “Disability” Under the California FEHA Law?

Minor Ailments

Trivial or minor impairments that do not substantially limit a major life activity are not typically considered disabilities under the FEHA. Conditions that only cause temporary discomfort or inconvenience are unlikely to meet the threshold for protection.

Expected Physical Changes

Physical characteristics or traits that are common and not the result of a medical condition are generally not considered disabilities. For instance, characteristics like left-handedness, natural hair color, or height are not protected under the FEHA.

Alcohol/Illegal Drug Use

The use of illegal drugs is not classified as a disability under the FEHA. However, individuals who have successfully completed or are currently undergoing rehabilitation for drug addiction may be protected.

Certain Conditions Not Regarded as Disabilities

Conditions such as kleptomania (compulsive stealing), pyromania (compulsive fire-setting), or certain sexual behavior disorders, as defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM), may not be classified as disabilities under the FEHA.

Temporary Conditions

Temporary conditions, such as a common cold, seasonal allergies, or a minor injury, are not considered disabilities unless they significantly limit a major life activity over an extended period. It is possible that some temporary disabilities may be covered by the FEHA.  Obtain legal advice to make this determination.

Certain Personality Traits

Personality traits or habits that are not linked to a mental or psychological disorder do not typically qualify as disabilities under the FEHA. For example, a preference for working alone or being introverted would not be covered.


In and of itself, weight is not typically considered a disability under FEHA unless it is associated with a medically recognized condition that substantially limits a major life activity.

Tallness Or Shortness

Simply being taller or shorter than average is not a disability under FEHA.

Understanding Reasonable Accommodation of a Disabled Employee

While the concept of reasonable accommodation is a fundamental pillar of anti-discrimination laws, its practical application can be complex and challenging.  Reasonable accommodation under the FEHA requires employers to take affirmative steps to ensure that employees with disabilities have equal access to employment opportunities and can perform their essential job functions.

Many employers, unfortunately, do not always act in accordance with the law, resulting in instances of disability discrimination.

The goal of this section is to provide California employees with practical knowledge to recognize ways that employers may inadvertently commit disability discrimination by failing to properly understand and comply with, or in some instances, willfully ignore reasonable accommodation under the FEHA.

Using the Interactive Process to Determine Necessity AND Possibility of Reasonable Accommodation

The Interactive Process is vital to ensuring that disabled employees within a company are not being discriminated against. Here we will evaluate how the Interactive Process can determine the necessity and possibility of Reasonable Accomodation.

Step 1: Employee Provides Physical Restrictions to Employer

In the first step of the interactive process, the employee with a disability is responsible for providing information regarding their physical restrictions.  The employee must inform the employer of their disability and any physical limitations or restrictions that affect their ability to perform specific job tasks.

Employees need to provide medical documentation or notes from healthcare professionals to substantiate their physical restrictions. However, employers should be cautious not to request excessive or unnecessary medical information, as this can potentially violate privacy laws.

Step 2: Employer Determines Essential Functions of the Job

When determining which functions are essential, employers should consider several factors:

  • The employer’s judgment: The employer’s opinion on what are essential functions carries weight, but it’s not the sole factor.
  • Job descriptions: Written job descriptions, if available, can be useful in defining essential functions.
  • Frequency and time spent: Consider how often each task is performed and the time spent on it.
  • Consequences of not performing the function: Assess the impact on the organization if a specific function is not performed.
  • Work experience of current and past employees: Consider the experiences of individuals who have held the same or similar positions.
  • Document Findings: It’s essential for employers and employees to document their findings regarding the essential functions of the job. This documentation can serve as a reference point throughout the interactive process.

Step 3:  Employer and Employee Compare Physical Restrictions and Essential Job Functions to Determine “Necessity” of Reasonable Accommodation

Once the physical restrictions are clearly defined, the employer must compare these restrictions with the essential functions of the job to determine if reasonable accommodation if necessary for the disabled employee to continue performing their job duties in the same manner as a non-disabled employee.

Outcome 1: Reasonable Accommodation is NOT Necessary

If both the employee and employer mutually agreed that the employee’s physical limitations do not substantially interfere with their ability to fulfill the essential functions of the job, the employee may resume work without accommodation.  In other words, the interactive process concluded that the employee is fully capable of resuming their job duties without any modifications or accommodations (able to work on par with a non-disabled employee).

It’s important to recognize that when a disabled employee is determined to not require reasonable accommodation during the interactive process, the process itself doesn’t come to a complete conclusion. Rather, it transitions into an ongoing commitment by the employer to periodically review the situation in consultation with the disabled employee.

Outcome 2: YES, Reasonable Accommodation IS Necessary

The employer and employee should work together to identify possible accommodations that would meet the employee’s needs. These accommodations can vary widely and might include modifications to the workspace, changes in work hours or schedules, job restructuring, or providing assistive technology or tools.

Step 4:  The Employer Evaluates “Possibility” of Suggested Reasonable Accommodations

At this stage, collaboration between the employer and employee has determined that there is a necessity for reasonable accommodation.  Suggestions and recommendations for specific accommodations have been discussed and are “on the table” for evaluation.  In advance of accepting and implementing any suggested accommodation, the employer is allowed to assess whether the proposed accommodation is possible by determining if accommodation would create an “undue burden” for the business.  

  • An undue burden on the employer means that implementing the requested accommodation would cause the employer significant financial hardship or disrupt their operations to an unreasonable extent, making it excessively difficult or impractical to provide.

What are TYPICAL Reasonable Accommodations:

  1. Leave of absence
  2. Accessible workspace
  3. Ergonomic accommodation
  4. Remote work or telecommuting

What are NEVER Reasonable Accommodations under California law:

  1. Indefinite leave of absence
  2. Replacing supervisor
  3. Creating a new position
  4. Lowering production or performance standards
  5. Changing the number of hours per week required
  6. Hiring an assistant for the disabled employee

Outcome 1:  The suggested accommodation IS possible because it is not an undue burden on the employer.

If the requested reasonable accommodation is not an undue burden for the employer, the employer must promptly implement the accommodation so the employee may return to work.

Again, at this point it should be remembered that the interactive process itself doesn’t come to a complete conclusion.  Rather, it transitions into an ongoing commitment by the employer to periodically review the situation in consultation with the disabled employee.

Outcome 2:  The requested accommodation IS NOT possible because it is an undue burden on the employer.

In cases where accommodating a disabled employee is deemed an undue burden, the employer is obligated under the FEHA to identify suitable open positions for which the disabled employee meets the minimum qualifications and place them into such roles without requiring an interview process, prioritizing the disabled employee over other applicants.

  • The disabled employee must meet the minimum qualifications of the job to gain preferential placement.
  • The disabled employee is not entitled to keep their same pay should the available open position pay less than the employee’s previous position.

Outcome 3:  The requested accommodation IS NOT possible and there is NO open position available where the disabled employee meets the minimum job requirements.

In this case, termination of the disabled employee would not be unlawful.  The reason the termination would not be unlawful is because the employee is NOT able to return to work with or without reasonable accommodation.

Is the employer required to offer “light duty” as a reasonable accommodation for a disability?

The employer is generally not required to provide light-duty work, with the sole exception being for pregnant employees.

Matt’s Further Legal Perspective:

Reasonable Accommodation is ALWAYS an Open Question

Despite the robust protections afforded by the California Fair Employment and Housing Act (FEHA), employers almost always fall short in fully considering the interactive process for reasonable accommodation.

What constitutes “reasonable accommodation” is not a fixed or one-size-fits-all concept. It’s almost always an open-ended question because it hinges on various factors, including the specific nature of your disability, your job duties, and the potential impact of reasonable accommodation on the workplace.

The concept of reasonable accommodation under the FEHA is rooted in the principle of leveling the playing field for disabled employees. It is designed to ensure that individuals with disabilities have equal access to employment opportunities and can perform their job duties effectively, just like their non-disabled counterparts. This process demands that employers actively explore and evaluate all potential accommodations that could enable a disabled employee to succeed in their role.

The interactive process and an employer’s responsibility to provide reasonable accommodation for a disabled employee hinges on whether the employer can make it happen, not whether they want to, often leading to misconceptions that result in disability discrimination in practice.

Important Help Articles For Disability Discrimination

How to Prove and Win Your California Disability Discrimination Lawsuit


At-will employment doctrine does not waive, excuse, or exempt California employers from any California law or federal law.  At will employees may not be terminated, demoted, or otherwise treated unfairly for reasons that are protected by the California FEHA, the California Labor Code, or any other California or federal law.

There are many exceptions to the at-will employment rule, including anti-discrimination laws, anti-retaliation laws, and public policy exceptions. For example, employers can’t fire employees for discriminatory reasons based on race, gender, age, religion, disability, or sexual orientation.  

Some employers, attempting to confuse and intimidate their employees, emphasize the concept of “at-will employment” to discourage terminated employees from rightfully pursuing legal action when wrongfully terminated.  This is a shameful practice because the at-will doctrine provides only limited protection for employers faced with contract-based claims, which most California employees do not assert because they are “at-will”.

You will need to gather evidence to support your claim. This may include documents, emails, witness statements, and any other evidence that supports your case.

Evidence should be printed out.  Do not write on, alter, or change any of your documents.  Do not make any marks or changes to the documents.  Changing or marking a document will raise suspicion that the documents are fake because the documents were altered.  In California, copies are acceptable and generally admissible if the original document is no longer available.

CAUTION: It is important to note that taking company property without permission is illegal in California. Such actions are considered theft and can result in serious consequences, including criminal charges and civil liability. Employees should always follow proper procedures and seek authorization before taking any company property, including equipment, supplies, confidential business information or trade secrets.  Oftentimes, an employee that has a valid claim for wrongful termination inadvertently can self-sabotage the claim by improperly taking employer records or documents prior to getting fired. Doing so will give the employer the “after acquired evidence” defense which states that the employer learned of misconduct after your termination (improper removal of employer records or document) that if it had been known prior to termination, the employee would have been terminated for that reason independent of the stated reason for termination.

 Successful application of the “after acquired evidence” defense can severely limit the amount of money you may be able to recover in the lawsuit.  See McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995).


A timeline will help to tell the story of your employment and create a clear picture of what happened.  It will also help you communicate better the details of your claim with your attorney.  

The BEGINNING of the timeline is the date you started working for your employer.  The END of the timeline is the date of your termination.  Include the following:

  • Periodic increases in compensation (raises).
  • Annual Job Performance scores, ratings or evaluations.
  • Job Titles for each position held, including dates in that position.
  • Names of your direct supervisors in each position held at the employer.
  • Internal complaints, including dates, subject matter and dates of responses.
  • Written Discipline issued by the Employer.
  • Evidence of any warning, written or verbal, whether formal or informal.


You are entitled to receive a copy of your personnel file and payroll records from your employer for up to 3 years after you separate from employment.  In most cases, your attorney should do this at the outset of the case before you file a lawsuit.  See California Labor Code sections 226 and 1198.5.


This is a list of people centered around you at your workplace.  

Include your supervisor (name and title) and everyone upward in the chain of command that you interacted with during your workday.  If you have subordinate employees, include their names and positions as well.  Additionally, it is important to list the Human Resources staff and the names of the people who were involved in the decision to terminate.  Often, it is difficult to determine exactly who was involved; starting the list is always helpful.


Obtain all records related to any medical issues, injuries, or treatments for any physical or emotional injury you attribute to the wrongful termination.


 It is likely that your former employer will attempt to make the case that you should have been able to find comparable employment once you were terminated, and therefore your lost wages should be limited to a short period of time following your termination.  The purpose of this is to lower the damages that you can claim.  It will help your case if you can document that you made an effort to find a similar job.

As a plaintiff in a wrongful termination lawsuit, you have a responsibility to mitigate your own damages by seeking comparable employment.  Save your emails and make notes of any time spent interviewing or searching for a new job.  You may be required to give the reason you declined any job offer.

How Long Do I Have to File a Lawsuit for California Disability Discrimination?

If you believe that your employment rights have been violated, it’s important not to wait to file a lawsuit. There are several reasons for this. 

First, there are deadlines, known as statutes of limitations, that limit the amount of time you have to file a claim after the date you were terminated. If you wait too long, you may lose the ability to pursue legal action altogether. 

The statute of limitations for a claim for Wrongful Termination in Violation of Public Policy, as discussed above, is two (2) years in California.  See California Code of Civil Procedure section 335.1. 

A claim for breach of contract has a two (2) year limitation period if the contract is oral; a claim for breach of contract based upon a written contract has a four (4) year statute of limitations. 

A claim for discrimination, harassment or retaliation under the California Fair Employment and Housing Act has a two-part statute of limitations: a terminated employee must first obtain a “Right to Sue” letter from the California Civil Rights Department (formerly the DFEH) within three (3) years of the adverse employment action (i.e. termination, demotion, harassing conduct, etc.); the employee has one (1) year to file a civil lawsuit in court from the date of the Right to Sue letter. 

 Second, waiting can give the employer time to destroy, discard or delete important evidence such as emails, text messages and other written or electronic documents, making it more difficult to prove your case. 

Third, the longer you wait, the harder it may be to remember important details and find witnesses who can support your claim. 

Finally, the emotional toll of workplace discrimination or harassment can take a significant toll on your well-being, and taking action sooner rather than later can help you start to move on and regain control of your life.

In short, if you believe your employment rights have been violated, it’s important to consult with an experienced employment attorney as soon as possible to discuss your options and protect your rights.

Recoverable Damages from a Disability Discrimination Lawsuit

In California, the damages that may be recovered in a successful disability discrimination lawsuit can vary depending on the circumstances of the case. Generally, an employee who has been illegally discriminated against at work may be entitled to recover the following types of damages:

Lost Wages and Benefits: 

These include any income the employee lost as a result of the termination, as well as the value of any benefits, such as health insurance, that were lost. In most cases, this will be the most significant component for recoverable damages.

There are several factors that can increase or decrease the claim for lost wages in a California lawsuit, including:

Length of absence from work

The longer a person is unable to work due to their injuries, the greater their lost wages will be.

Nature of the injuries: If the injuries sustained by the plaintiff are severe, they may require more time off work or even prevent them from returning to work altogether.

Fringe benefits and perks

 The plaintiff’s fringe benefits and perks, such as health insurance, retirement benefits, and bonuses, will also be considered when calculating lost wages.

Overtime and bonuses: If the plaintiff regularly worked overtime or received bonuses, their lost wages will be higher.

Future earning potential: If the plaintiff’s injuries will impact their future earning potential, such as preventing them from pursuing a promotion or earning a higher salary, their lost wages will be higher

Age and occupation of the plaintiff

If the plaintiff is young and has a long career ahead of them, their lost wages will be higher than if they are close to retirement age. Similarly, if the plaintiff has a high-paying job, their lost wages will be higher than if they have a lower-paying job.

Mitigation (i.e. your responsibility to find new comparable work) will be a major factor limiting damages for the young person, but less important for an older person close to retirement because it’s reasonable to assume the young person can get a new job but a 60 year old is facing a much tougher market.

Emotional Distress

If the harrassment caused the employee significant emotional distress, they may be entitled to recover damages for the resulting pain and suffering.  There are two primary types of emotional distress: garden variety vs. non-garden variety.  

Garden variety distress

Garden variety distress: peaks at or immediately after the time of your termination and gets better in a matter of days or weeks.

Non-garden variety distress

Non-garden variety distress: this type goes up over time and does not get better. For instance, you are losing weight and may need counseling or hospitalization. This type is more unusual and will require extensive work to prove.

Other Damages

Attorneys' fees and costs

If the employee prevails in the lawsuit, they may also be entitled to recover their attorneys’ fees and other costs associated with the litigation.

Punitive damages

In cases where the employer’s conduct was particularly egregious, the employee may be entitled to recover punitive damages, which are intended to punish the employer and deter similar conduct in the future.

California Civil Code Section 3294 outlines the conditions for awarding punitive damages in a civil lawsuit, which can be granted when the defendant’s conduct was willful, intentional, or malicious and caused harm to the plaintiff. 

In addition, the law allows for punitive damages to be awarded when the wrongful conduct was carried out by a managing agent, acting within the scope of their employment, which means the company or employer may also be held liable. A managing agent is defined as someone who exercises substantial control over the defendant’s business operations or has a significant role in managing the defendant’s affairs. 

The amount of punitive damages awarded is typically limited to a multiple of the actual damages suffered by the plaintiff.

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The Ruggles Law Firm Serves Many Cities in Northern California and Beyond

Led by experienced attorney Matt Ruggles, the Ruggles Law Firm provides legal support to employees who have encountered disability discrimination at work. If you’ve experienced discrimination anywhere in California, Matt Ruggles can help guide you through your options. Contact the Ruggles Law Firm today for a no-strings-attached free consultation. 


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