Disability Discrimination

The Americans with Disabilities Act (ADA) and California law prohibit disability discrimination in employment. A qualified employee cannot lawfully be denied pay, advancement, assignments, or continued employment because of a protected disability. Employers may also have obligations to provide reasonable accommodations that allow an employee to perform the essential functions of the job.

Whether an accommodation is reasonable depends on the specific employee, job duties, employer, and requested accommodation. Cost and operational impact can be relevant, but the analysis is individualized. Because accommodation disputes are highly fact-specific, employees should document accommodation requests, responses, and related workplace communications and seek legal advice when an employer denies an accommodation or takes adverse action after a request.

Signs Workplace Treatment May Be Discriminatory

• Employees with a shared protected characteristic are consistently paid less, scheduled less favorably, or denied opportunities available to comparable coworkers.
• A supervisor makes comments about race, national origin, age, disability, sex, pregnancy, gender identity, sexual orientation, religion, or another protected characteristic around the time of an adverse employment decision.
• An employee receives sudden discipline, reduced responsibilities, or negative evaluations after disclosing a protected characteristic, requesting an accommodation, or raising a discrimination concern.
• The employer gives shifting or inconsistent reasons for an adverse decision, or applies workplace rules differently to comparable employees.

These circumstances do not automatically prove discrimination, but they may help an employment attorney determine whether the treatment warrants closer review.

What Evidence Can Help in an Employment Discrimination Case?

Employees should preserve employment records they already lawfully possess, including performance reviews, disciplinary notices, relevant emails or text messages, schedules, pay records, promotion records, written complaints, accommodation requests, and communications about the challenged employment decision. A timeline of important events and the names of potential witnesses can also help identify patterns in treatment. Employees should not take confidential company information or documents they do not have a right to possess.

Employment Discrimination FAQs

Do I have to be fired to have an employment discrimination claim?

No. Discrimination can affect pay, scheduling, promotions, assignments, benefits, discipline, hiring, termination, and other terms or conditions of employment.

What if my employer gives a non-discriminatory reason for what happened?

Employers often provide a business explanation for an employment decision. The question is whether that explanation is consistent with the evidence, the employee’s history, timing, and how comparable employees were treated.

Can harassment be a form of discrimination?

Yes. Harassment based on a protected characteristic can violate employment law when the facts meet the applicable legal standards. The surrounding circumstances, severity, frequency, and workplace impact matter.

Can my employer retaliate because I complained about discrimination?

Employers generally may not retaliate against an employee for certain legally protected complaints or participation in protected processes. If adverse treatment follows a discrimination complaint, review our Retaliation and Whistleblower Rights page for additional information.