How to File a Disability Discrimination Case In California
Both federal laws, such as the Americans with Disabilities Act (ADA), and California’s Fair Employment and Housing Act (FEHA), protect disabled California residents from discrimination during hiring practices and in the workplace. Workplace discrimination occurs when employers refuse to hire a person with a disability for a job they are capable of performing based solely on their disability, refuse promotions and equal opportunities to a disabled person, or harass them in the workplace. Refusing a reasonable accommodation to a disabled employee is also disability discrimination.
Fortunately, California provides a legal remedy for victims of disability discrimination. Reach out to our disability discrimination lawyers in Orange County to discuss your case in a confidential consultation today.
What to Do Before Filing a Workplace Disability Discrimination Case in California
If you’ve experienced discrimination during the job application process or in the workplace from an employer, supervisor, or co-worker, you have the right to file a complaint. Before filing, it benefits your case and helps streamline the process to carefully prepare for the process by doing the following:
- First, gather medical records and documentation of your disability
- Then, inform your immediate supervisor and file a complaint with the company’s HR department
- Document all evidence of discrimination, including noting the dates, times, and details of any verbal exchanges between you and the employer
- If you began the interactive process of requesting a reasonable accommodation, gather copies of all interactions with the employer
- Gather copies of all emails, texts, and phone messages that demonstrate the discrimination
- Contact an experienced California employment lawyer for a free consultation
During the consultation, your Orange County employment lawyer will evaluate the merits of your case and strategize the best way forward to achieve an outcome that aligns with your goals.
Understanding the Filing Process for a California Workplace Disability Discrimination Case
First, your discrimination attorney in Orange County will assist you in filing a complaint with the California Civil Rights Department. The complaint must be filed within three years from the last date of discrimination and include detailed information about the discrimination. The Civil Rights Department will thoroughly evaluate the claim to see if it meets the definition of discrimination. They also send a copy of the complaint to the employer and evaluate their response. The Civil Rights Department may request that the employer and employee attempt mediation through the dispute resolution division.
Otherwise, the Civil Rights Department will issue a “Right to Sue” letter authorizing you to proceed with your lawsuit. Alternatively, a disability discrimination victim’s lawyer may recommend that they request to bypass mediation and conciliation attempts and ask the department to issue an immediate Right to Sue letter.
What Will a Disability Discrimination Case Do For Me?
While no legal process erases the distress of experiencing disability discrimination, a well-executed legal strategy may achieve a favorable outcome from a discrimination case that’s in alignment with your goals, whether it’s to continue employment or to receive compensation for damages such as:
- Back pay and lost benefits
- Compensation for future income loss if you cannot be reinstated to your job position
- Compensation for emotional distress
- Court-ordered workplace changes and reinstatement to your position (if appropriate for your situation)
- Promotion to the position you were denied due to your disability
If the employer’s actions were an egregious violation of your rights, you may also be awarded punitive damages. Punitive damages serve as a punishment and deterrent against future discrimination by the employer.