How to Prove Disability Discrimination at Work in California 2025

Despite advancements in disability rights, many individuals still face unjust treatment in their workplaces due to their disabilities. In today’s era, understanding how to prove disability discrimination at work in California is important for anyone facing mistreatment at their place of work. Addressing your mistreatment might give others the courage to hold those responsible accountable.​

Understanding Disability Discrimination

Disability discrimination occurs when an employer treats a qualified individual unfavorably because they have a disability, a history of a disability, or are perceived to have a disability. This encompasses various adverse actions, including hiring, firing, promotions, job assignments, training, benefits, and any other terms or conditions of employment.​

Nationally, 4% of disabled employees are forced to work part-time when they would prefer full-time hours. With 9.2% of disabled employees leaving a biased workforce to become self-employed, it’s clear that disability discrimination is still a major point of contention.

As a result, 9.1% of those unemployed are people with a disability.

Steps to Prove Disability Discrimination in California

Proving disability discrimination in California requires concrete evidence and a clear connection between your disability and the adverse action taken against you. By following a structured approach, employees can build a compelling case that demonstrates how their rights were violated under state and federal law. They can do that by:

1. Establishing disability status. Confirm that you have a physical or mental impairment that substantially limits one or more major life activities, aligning with definitions under federal and state laws.​
2. Demonstrate your qualifications. Show that you’re qualified for your position and that you meet all essential job requirements — with or without reasonable accommodations.​
3. Evidence of adverse action. Identify any adverse employment actions taken against you, like termination, demotion, or unfavorable job assignments.​
4. Link to disability. Provide evidence suggesting that the adverse action was due to your disability. This could include discriminatory remarks, inconsistent application of policies, or differential treatment compared to non-disabled employees.​
5. Employer’s reasoning. Be prepared to counter any legitimate, non-discriminatory reasons your employer might provide for their actions.

Employees who follow this process can strengthen their claims and improve their chances of holding employers accountable. Whether through internal complaints or legal action, knowing how to present a well-supported case is crucial in the fight for workplace fairness.

Gathering Evidence

Solid evidence is the foundation of any successful disability discrimination claim. Without proper documentation, it can be challenging to prove that an employer’s actions were unfairly motivated by a disability. Some of the types of evidence that can establish a clear pattern of discrimination include:​

• Documentation. Maintain records of all relevant communications, performance reviews, and any incidents that may indicate discrimination.​
• Witnesses. Identify colleagues who can corroborate your experiences or testify to similar discriminatory practices within the organization.​
• Comparative analysis. Highlight instances where similarly qualified non-disabled employees received more favorable treatment under comparable circumstances.​

The more detailed and organized your evidence, the stronger your claim against workplace discrimination will be. By collecting emails, performance reviews, and statements from colleagues, employees can clearly show how they were treated unfairly. Proper documentation not only supports legal action but also increases the likelihood of achieving a favorable resolution.

Reporting and Legal Actions

Taking action against disability discrimination starts with knowing where and how to report it. Understanding your legal options can help you take the right actions to protect your rights and seek justice. Some of these options include:

1. Internal reporting. Use your company’s internal grievance procedures to report the discrimination.​
2. File a complaint with the CRD. In California, you can file a complaint with the Civil Rights Department (CRD) within three years of the discriminatory act. ​
3. Seek legal counsel. Consult experienced employment law attorneys to explore your legal options and safeguard your rights.​

Reporting disability discrimination is a powerful step toward enforcing your rights and preventing the future mistreatment of yourself and others. Whether by resolving the issue internally or pursuing legal action, taking the appropriate steps can lead to meaningful change.

FAQs

Can a Past Disability Be Used as a Basis for Discrimination?

Employers can’t discriminate against an employee based on a history of disability, even if they have fully recovered. Under the Americans With Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), past medical conditions — like cancer in remission — are still protected. If an employer denies opportunities based on a past disability, it could be grounds for a claim.

Is It Considered Disability Discrimination If an Employer Assumes I Can’t Do the Job?

Yes, making employment decisions based on assumptions rather than actual ability is discriminatory. Employers cannot deny promotions, raises, or job opportunities just because they assume a disability limits performance. If an employee can perform essential job duties with or without reasonable accommodations, they must be given the same consideration as able-bodied workers under California law.

Can I Be Discriminated Against for Requesting Disability Accommodations?

No, it’s illegal for employers to retaliate against employees who request reasonable accommodations. If an employer demotes, disciplines, or terminates an employee for asking for accommodations, it may be considered discrimination. Employees should document all accommodation requests and employer responses to protect their rights. Denying or ignoring a reasonable accommodation request can also be a violation of state and federal laws.

Can Disability Discrimination Happen, Even If I Was Never Officially Diagnosed?

Yes, discrimination can happen, even if an employee lacks a formal diagnosis. If an employer perceives an employee as disabled and treats them unfairly based on that perception, it may still be illegal under the ADA and FEHA. For example, if an employer assumes a worker has a medical condition and refuses to promote them, that could be considered unlawful discrimination.

Don’t Delay, Act Today

By recognizing the relevant laws, acknowledging the prevalence of discrimination, and following systematic steps to gather evidence, affected individuals can assert their rights effectively. At the Law Office of Frank S. Clowney III, we’re dedicated to advocating for justice and equality in the workplace.

Contact our firm today to schedule a consultation.