ADA Compliance

ADA Attorney in San Diego

Employee-Only Representation for ADA & Disability Discrimination Claims

When an employer denies a reasonable accommodation, ignores a disability-related request, or retaliates against a worker for asserting their rights, the legal path forward matters. Zakay Law Group represents employees facing exactly these situations, and only employees. We don’t work for corporations or insurers, which means every ADA and FEHA disability claim we take on is built entirely around the worker’s interests.

Our attorneys are admitted to practice in all California state courts and in the United States District Court for the Southern District of California, so we can pursue both state claims under the California Fair Employment and Housing Act (FEHA) and federal claims under the Americans with Disabilities Act (ADA) without referring either component to outside counsel. We serve employees across San Diego and throughout California, including workers in healthcare, hospitality, and retail, where accommodation violations are well documented.

If you’re a San Diego worker who has been denied an accommodation, pushed out after requesting one, or terminated because of a disability, call us at (619) 353-8032 for a free consultation. There’s no cost unless we recover for you.

Why ADA & FEHA Claims Require a Firm That Knows Employer Tactics

Employers facing disability discrimination claims rarely admit a violation outright. They argue that an accommodation would cause undue hardship, that the interactive process was conducted in good faith, or that a termination was unrelated to the employee’s condition. Founder Shani O. Zakay, a California Western School of Law graduate who began practicing in 2009 and spent over six years as a partner at a San Diego firm, built Zakay Law Group around understanding exactly how those defenses are constructed. That background in both employment and business law shapes how we build cases on behalf of the workers we represent.

We’ve recovered over $160 million for California employees across thousands of cases involving employers ranging from small businesses to large national and international corporations. That track record spans healthcare, hospitality, retail, staffing, and transportation, sectors where systemic accommodation failures can affect many workers at once. When a pattern of disability discrimination touches a larger group of employees at the same company, we have the class action capability to pursue it at scale. We serve as lead counsel in class action lawsuits and collaborate with larger firms when a case requires pooled resources, so our clients aren’t outgunned by well-funded corporate defendants.

Direct Communication, Limited Caseload

We keep our caseload intentionally limited so each client has direct access to the people working on their case. You won’t navigate layers of staff to get an update. We communicate in English, Spanish, and Hebrew, and consultations are available in person, by phone, or virtually for workers anywhere in California.

Every case is handled on a contingency fee basis. We don’t charge upfront fees or hourly rates. If we don’t recover for you, you owe us nothing. Contact us at (619) 353-8032 to start with a free consultation.

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Why Choose Zakay Law Group?

The Right Firm Makes a Difference

Aggressive Representation for California Employees
We are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
Proven Track Record of Success
Our team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
Free Consultations Available
At Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
Personalized Service, Powerful Results
As a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.

ADA vs. FEHA: What California Employees Need to Know

Two laws protect San Diego workers from disability discrimination: the federal Americans with Disabilities Act (ADA), enacted in 1990, and California’s Fair Employment and Housing Act (FEHA). Both prohibit discrimination based on disability, but FEHA offers significantly broader protections. The ADA applies to employers with 15 or more employees. FEHA applies to employers with as few as five, which means a much larger share of San Diego workers have a claim under state law even if the federal threshold isn’t met.

FEHA’s definition of disability is also wider. It covers any physical or mental condition that limits a major life activity, including temporary conditions. Cancer, diabetes, HIV/AIDS, depression, anxiety disorders, PTSD, chronic pain, and back injuries all qualify. Equally important: FEHA protects employees who are perceived as disabled by their employer, even when no actual impairment exists. A worker doesn’t need a permanent or severe condition to have a protected claim under California law.

What Disability Discrimination Actually Looks Like

Disability discrimination isn’t limited to outright termination. The conduct covered under ADA and FEHA is broad:

Denial of reasonable accommodation without exploring alternatives or claiming undue hardship without basis
Failure to engage in the interactive process, itself an independent violation under FEHA even if a reasonable accommodation may ultimately not have been feasible
Retaliation for requesting an accommodation, including demotion, pay cuts, reduced hours, or termination
Discrimination in hiring or promotion based on a disability or perceived disability
Harassment because of a disability, including exclusion from workplace activities or a pattern of conduct that creates a hostile work environment

These violations are documented across San Diego’s healthcare, biotech, hospitality, education, and retail sectors. When the same unlawful practice affects multiple employees at one company, a single worker’s experience can become the foundation of a much larger case.

The Interactive Process & Reasonable Accommodation

Under FEHA, employers must provide reasonable accommodations that allow a qualified employee with a disability to perform the essential functions of their job, unless doing so would cause significant difficulty or expense. That standard, known as undue hardship, sets a high bar.

Reasonable accommodations can include:

Modified work schedules or shift changes
Physical modifications to the workspace
Assistive technology
Job restructuring that removes non-essential duties
Remote work arrangements
Extended leave for treatment or recovery

California law requires employers to engage in a timely, good-faith interactive process the moment an employee communicates a need for accommodation or the employer becomes aware of a potential disability. An employee doesn’t need to name their specific diagnosis to trigger that obligation. Ignoring the request, stalling without reason, or refusing to discuss options exposes the employer to liability regardless of what the outcome of that conversation would have been.

How to File a Disability Discrimination Claim in California

Employees asserting FEHA claims must file a complaint with the California Civil Rights Department (CRD), the state agency formerly known as the Department of Fair Employment and Housing (DFEH), which was renamed in July 2022. Under AB 9, effective January 1, 2020, employees have three years from the date of the discriminatory act to file with the CRD. After the CRD issues a right-to-sue notice, the employee has one year to file a civil lawsuit in California court.

Federal ADA claims follow a separate path through the Equal Employment Opportunity Commission (EEOC). In California, the deadline to file with the EEOC is 300 days from the discriminatory act, because the state has its own anti-discrimination law. Employees can file with the CRD and request cross-filing with the EEOC, preserving both state and federal claims at the same time. Because our attorneys are admitted in the United States District Court for the Southern District of California, we handle both tracks without referring any portion of the case to outside counsel.

Missing either deadline can permanently bar a claim. The earlier you contact a disability discrimination attorney, the more options may remain available.

Remedies & the Class Action Path for Systemic Violations

Employees who prevail on ADA or FEHA claims can recover back pay for lost wages, front pay for anticipated future earnings, reinstatement to their former position, compensatory damages for emotional distress, and, in cases of intentional discrimination, punitive damages. Under FEHA, attorney fees are also recoverable in successful cases, which shifts the financial risk of litigation away from the employee.

When a single employer’s accommodation policy fails a large group of workers, whether through a blanket denial practice, a systemic refusal to engage in the interactive process, or a pattern of retaliating against employees who request leave, a class action may be the most effective path. Zakay Law Group serves as lead counsel in class action disability discrimination cases and has the internal systems and inter-firm partnerships to manage high-volume litigation against corporate defendants with large legal teams. Class action outcomes can include monetary settlements distributed to affected workers, court-ordered policy changes, and compliance requirements that protect current and future employees beyond the named plaintiffs.

Talk to a San Diego ADA Attorney at No Cost

A free consultation gives you a clear picture of whether your situation constitutes a legal violation, what type of claim it may support, and what the process looks like going forward. Consultations are available in person at our San Diego office, by phone, or virtually for employees anywhere in California. We handle all cases on a contingency fee basis, and we communicate in English, Spanish, and Hebrew.

Call (619) 353-8032 to speak with an ADA attorney in San Diego. There are no fees unless we recover for you.

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