Disability discrimination is not just unfair—it’s illegal. In California, state and federal laws protect workers from being mistreated, harassed, or denied opportunities because of your physical or mental disabilities. Yet, despite these protections, many employers continue to violate the rights of disabled employees.

At Antonyan Miranda, we are relentless in our pursuit of justice for workers who face disability discrimination. If you’ve been denied reasonable accommodations, harassed, or treated unfairly because of your disability, contact us immediately. We’ll fight aggressively to protect your rights and hold your employer accountable.

What Is Disability Discrimination?

Disability discrimination occurs when an employer treats a worker unfairly due to their physical or mental condition. This can include refusing to hire, promote, or accommodate employees with disabilities. California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) are designed to ensure equal opportunities for all workers, regardless of their abilities.

Discrimination doesn’t just come in obvious forms like termination or demotion. Employers often disguise their unlawful actions by claiming poor performance or restructuring. Denying reasonable accommodations, failing to address workplace harassment due to disabilities, or creating a hostile work environment. Indeed, these are all forms of disability discrimination that violate the law.

What are the Most Common Disabilities That are Discriminated Against?

Certain disabilities are more frequently targeted due to stigmas, misunderstandings, or perceived accommodations challenges. Here are the most common disabilities that face workplace discrimination in California:

Mental Health Conditions
Mental health disorders, such as anxiety, depression, bipolar disorder, and post-traumatic stress disorder (PTSD), are among the most discriminated against in the workplace. Employers often misunderstand these conditions and couch them into the employee’s “performance” rather than accommodating them when they affect productivity or reliability, despite clear legal protections.

Workers with mental health conditions are often denied reasonable accommodations, such as flexible schedules or reduced workloads, or face stigma and harassment from supervisors or colleagues.

Physical Disabilities
Employees with physical impairments, including mobility issues, chronic pain, or musculoskeletal disorders, frequently encounter barriers. Discrimination often comes in the form of inaccessible workspaces, refusal to make necessary modifications (like installing ramps or ergonomic workstations), or stereotyping workers as less capable.

Examples include individuals with conditions such as arthritis, spinal injuries, or limb impairments.

Hearing Impairments
Deaf and hard-of-hearing employees often face significant challenges in the workplace. Employers may fail to provide reasonable accommodations, such as sign language interpreters, closed captioning, or assistive listening devices. Additionally, workers with hearing impairments are frequently overlooked for promotions or opportunities due to biases about communication abilities.

Vision Impairments
Employees who are blind or visually impaired often face obstacles ranging from inaccessible technology to assumptions that they cannot perform certain tasks. Discrimination also occurs when employers fail to provide accommodations like screen readers, large print materials, or adaptive equipment.

Chronic Illnesses
Chronic medical conditions like diabetes, epilepsy, multiple sclerosis, and cancer are often discriminated against because employers assume these workers will take frequent time off or require costly accommodations. Workers may face termination, demotion, or denial of benefits after disclosing their condition.

Intellectual and Developmental Disabilities
Employees with intellectual or developmental disabilities, such as autism spectrum disorder or Down syndrome, face high rates of discrimination due to stereotypes about their capabilities. Employers may deny opportunities, isolate these employees, or fail to make workplace adjustments that would enable them to succeed.

Neurological Conditions
Conditions such as Parkinson’s disease, migraines, or traumatic brain injuries are often misunderstood, leading to discrimination. Workers with these conditions may be treated unfairly because employers perceive them as less productive or fear potential liability issues.

HIV/AIDS
Despite advances in treatment and awareness, employees with HIV/AIDS still face significant discrimination. Misconceptions about how the condition is transmitted often lead to unnecessary isolation or denial of workplace rights.

Inform Your Employer of Your Disability and Requested Accommodation in Writing

Remember, your employer’s duty to accommodate you is set in motion when the employer becomes aware of your disability and your need for accommodation. To protect yourself, ask your physician to write a medical authorization to your employer explaining the accommodation you require. Make sure you preserve your submission of the authorizations to your supervisor or Human Resources to demonstrate that your employer had actual knowledge of the request.

You Employer is Required to Provide a Reasonable Accommodation

Under California and federal laws, once an employer becomes aware that an employee has a disability which impairs their ability to perform job functions, the employer is required to provide reasonable accommodations which may allow the employee to perform their job functions, so long as the requested accommodations do not create an undue hardship for the business. Reasonable accommodations might include modifying work schedules, providing assistive technology, or adjusting job duties to enable the employee to perform their role effectively.

When employers fail to meet this obligation, they break the law. Whether they refuse your accommodation outright or claim it’s too difficult without proper justification, you have the right to take legal action.

Recognizing Disability Discrimination in the Workplace

Disability discrimination can be subtle or overt, but it always results in unfair treatment. Examples of discrimination include:

• Being denied promotions or pay raises despite your qualifications.

• Facing harassment or derogatory comments about your condition.

• Being excluded from workplace activities or opportunities.

• Receiving unfair performance evaluations linked to your disability.

Employers may also retaliate against workers who assert their rights under disability laws. If you’ve faced retaliation for requesting accommodations or filing a complaint, you may have a strong legal case.

Protecting Your Rights Under California Law

California’s FEHA offers some of the most comprehensive disability protections in the nation, going beyond federal requirements. Under FEHA, employers with five or more employees are prohibited from discriminating based on physical or mental disabilities. Unlike federal laws, FEHA also provides broader definitions of disability, ensuring more workers are covered.

What Compensation Can You Recover?

Victims of disability discrimination may be entitled to significant compensation. This includes back pay for lost wages, damages for emotional distress, and, in some cases, punitive damages to punish the employer for egregious misconduct.

Act Now

If you’ve experienced disability discrimination in California, time is critical. Employment laws impose strict deadlines for filing complaints, and delaying could jeopardize your case. Let Antonyan Miranda stand with you to hold your employer accountable and secure the justice and compensation you deserve.

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