California Disability Discrimination Laws

Frank S. Clowney III

California’s comprehensive anti-discrimination laws prohibit discrimination of any kind in the workplace, including discrimination based on disability. Regrettably, disability discrimination still happens even though it is illegal. Having a disability can make your life difficult enough without also having to deal with discrimination. Understanding California disability discrimination laws can make it easier to file a legal claim if this happens to you.

The legal team at The Law Office of Frank S. Clowney III understands how important it is for our clients to feel respected and valued. Being discriminated against can undermine your value as a human being and make you feel like you are somehow less than others. This reprehensible behavior should be corrected with legal action. If you are ever discriminated against because of your disability, you should reach out to a disability discrimination lawyer who can help your case.

California Disability Discrimination Laws

Thankfully, California has had very protective and supportive anti-discrimination legislation in place for quite some time in the form of the California Fair Employment and Housing Act (FEHA). This legislation is statewide and reinforces protections against discrimination in the form of protected classes. It is illegal to discriminate against someone’s protected class, which includes disability, religion, gender identity, sexual orientation, race, skin color, and more.

You should keep in mind that disability discrimination is not exclusive to the workplace. It can happen anywhere. Thanks to California’s anti-discrimination laws, discrimination is illegal in many different aspects of life, including housing and public accommodations. Still, disability discrimination continues to happen. According to a study from the  California Department of Justice, there were at least 18 hate crimes in California that targeted disabled people.

Different Forms of Disability Discrimination

There are many different ways that disability discrimination can manifest itself, and you should be prepared to recognize all of them, even if you are not the one with the disability. You may have friends or family members with disabilities who may appreciate the assistance if something were to happen to them. You might even be discriminated against by someone who thinks you have a disability. Even if they are wrong, it is still discrimination. Further examples include:

  • Direct Discrimination: When it comes to a person’s disability, there are multiple forms of discrimination that can be done to that person. Direct discrimination happens when someone openly treats a disabled person unfavorably, such as refusing to hire a person in a wheelchair who is otherwise very qualified for the job.
  • Indirect Discrimination: Indirect discrimination may be more subtle than direct discrimination. It can manifest as a seemingly neutral workplace policy that puts disabled people at a blatant disadvantage over others. This would include requiring disabled employees to work without offering reasonable accommodations for their disability, such as a different work schedule or modified equipment.
  • Harassment: Any form of harassment should not be tolerated, including being harassed because of a disability. Harassment may include unwelcome comments, innuendos, mockery, physical misconduct, and threats. If you find yourself being harassed, you may want to take legal action against your employer for fostering a hostile work environment.

If you find yourself a victim of disability discrimination, you may want to reach out to one of the many support groups throughout California that assist disabled people with fighting back, among other things. Some of these support groups include The Ed Roberts Campus and the Disability Rights Education & Defense Fund (DREDF).

FAQs

Q: What Is the Disability Discrimination Law in California?

A: In California, the disability discrimination law is quite simple. Thanks to FEHA, it is completely illegal to discriminate against somebody because of their disability. FEHA expands protection beyond the workplace and into the housing market and public accommodations. If you are ever discriminated against because of your disability or witness it happen to someone you know, you should seriously consider reaching out to a discrimination lawyer to build a case.

Q: What Is an Example of Disability Harassment?

A: There are many different behaviors that could qualify as disability harassment. One such example would be mocking a disabled person in the workplace by making inappropriate or derogatory comments about their condition. Regardless of whether or not you meant it as a joke, the very act of saying hurtful things about someone’s condition can constitute harassment and open you up to legal action.

Q: What Is the New Law on Discrimination in California?

A: In 2025, there was a new addition to anti-discrimination laws that protect against disability discrimination called the California Worker Freedom from Employer Intimidation Act. However, this new legislation was passed largely to protect California workers who are being punished by their employers for refusing to attend meetings about political or religious matters. The law prohibits employers from retaliating against employees who refuse to attend an employer-sponsored meeting and don’t share their employer’s religious or political beliefs.

Q: How Are Disabled People Discriminated Against?

A: There are many different ways that disabled people are discriminated against in California. Discrimination doesn’t always look like derogatory comments and outright exclusion. It might be more subtle and harder to immediately recognize. Disability discrimination might take the form of societal barriers and personal attitudes towards disabled people. This includes failing to include reasonable accommodations for disabled people in certain buildings.

Reach Out to a Discrimination Lawyer Today

Realizing you are being discriminated against because of your disability can be a difficult thing to move past. Living with a disability may be hard enough already without having to deal with small-minded individuals who want to make things harder for you. If you ever find yourself facing disability discrimination, you may want to reach out to a discrimination lawyer who can help you figure out your next steps and determine an effective way to hold them accountable.

At The Law Office of Frank S. Clowney III, our legal team can inform you of your rights as a disabled person in California. Then, we can help you develop your case, gather evidence on your behalf, and ensure that no one takes advantage of you. Contact us to schedule a consultation with a valued team member today.