Why Choose Zakay Law Group?
The Right Firm Makes a Difference
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Aggressive Representation for California EmployeesWe 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.
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Proven Track Record of SuccessOur team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
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Free Consultations AvailableAt 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.
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Personalized Service, Powerful ResultsAs 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.
What Qualifies as a Disability Under California Law?
California’s definition of disability is intentionally broad. The Fair Employment and Housing Act (FEHA) protects individuals with physical or mental impairments that limit one or more major life activities, whether the condition is temporary or chronic. Critically, FEHA only requires that a condition “limit” a major life activity, not “substantially limit” it as the federal ADA requires, making California’s standard meaningfully broader. FEHA also protects those with a record of disability or employees an employer regards as disabled, even if no actual disability exists. Temporary conditions such as a broken bone or pneumonia qualify when they limit a major life activity. FEHA applies to employers with five or more employees, while the ADA applies only to those with 15 or more, meaning many small and mid-size California employers are subject to state law but not federal law.
Examples of physical disabilities include:
- Mobility impairments: Conditions that limit movement, such as paralysis, amputation, or severe arthritis.
- Chronic illnesses: Diseases like cancer, diabetes, HIV/AIDS, and multiple sclerosis.
- Sensory impairments: Vision or hearing limitations, including blindness or deafness.
- Respiratory conditions: Asthma or chronic obstructive pulmonary disease (COPD).
- Neurological disorders: Epilepsy or cerebral palsy.
Examples of mental disabilities include:
- Depression: Clinical depression that significantly interferes with daily living.
- Anxiety disorders: Conditions such as generalized anxiety disorder, panic disorder, or PTSD.
- Bipolar disorder: A mental health condition marked by extreme mood swings.
- Learning disabilities: Dyslexia or difficulties that affect learning and cognitive functions.
Reasonable Accommodations Under California Employment Law
Under FEHA, employers must provide reasonable accommodations for employees with disabilities so they can perform their job duties, unless doing so creates an undue hardship. Undue hardship is assessed based on the employer’s size, structure, and resources, so what qualifies for a small business may not qualify for a large corporation.
Reasonable accommodations include any modifications to a job, the work environment, or how tasks are performed that allow a person with a disability to enjoy equal employment opportunities.
Examples of reasonable accommodations include:
- Modifying work schedules: Flexible hours or reduced schedules.
- Physical modifications: Ramps, modified workstations, or accessible restrooms.
- Assistive technology: Screen readers, voice recognition software, or other assistive devices.
- Job restructuring: Shifting or removing non-essential job duties.
- Leave of absence: Additional unpaid time off for treatment or recovery.
Employers must engage in a timely, good-faith interactive process to determine effective accommodations. Under FEHA, failure to engage in that process is its own independently enforceable violation, separate from any underlying failure to accommodate. An employer who denies an accommodation without explanation, or who goes silent after a request, can face liability on both grounds. Employers must also initiate the interactive process when a supervisor observes barriers to job performance that may be disability-related, not only when an employee formally requests it.
California & Federal Disability Law: What San Diego Workers Need to Know
San Diego workers are protected by both California and federal law. While the ADA sets national minimum standards, FEHA provides meaningfully broader protections. FEHA covers employers with five or more employees versus the ADA’s threshold of 15, meaning many San Diego employers in food service, hospitality, and retail are subject to state law even if they fall below the federal threshold. California courts have also issued precedents that set a high bar for employers and can increase the likelihood that complaints are taken seriously.
The California Civil Rights Department (CRD) enforces FEHA independently of the federal Equal Employment Opportunity Commission (EEOC). Employees may file with either or both agencies. AB 9, effective January 1, 2020, extended California’s FEHA filing window to three years from the date of the discriminatory act. That’s one of the longest anti-discrimination filing windows in the country and significantly longer than the ADA’s 300-day EEOC deadline.
How the Disability Discrimination Claims Process Works in California
Filing a disability discrimination claim typically begins with an administrative complaint filed with the California Civil Rights Department (CRD) before pursuing a civil lawsuit. The CRD enforces FEHA and offers mediation services to help resolve disputes before litigation. Employees may also file with the federal EEOC. Under AB 9, the FEHA filing window is three years from the date of the discriminatory act. For federal ADA claims, the EEOC deadline is 300 days in California, so filing with the CRD first preserves the longer state window.
Once a complaint is filed, the CRD reviews the evidence, interviews both parties, and may recommend mediation. After the CRD issues a right-to-sue letter, the employee has one year to file a civil lawsuit. An employee can request a full CRD investigation or bypass it and proceed directly to court with legal representation. Our attorneys are admitted to practice in the U.S. District Court for the Southern District of California and the U.S. District Court for the Central District of California, so FEHA claims and federal ADA claims can be pursued in the same engagement without referring either component to outside counsel.
Employer Obligations & Common Violations in the Workplace
California employers with five or more employees must provide reasonable accommodations, engage in the interactive process in good faith, and avoid adverse employment actions based on actual or perceived disability. Common violations include failing to engage in the interactive process, denying accommodations without a legitimate business reason, and treating employees unfavorably because of a real or perceived disability.
Violations we see regularly include denying leave for medical appointments, refusing to modify job duties for employees with chronic illnesses, retaliating against employees who request accommodations, and wrongful termination tied to disability-related absences covered under the law. California holds employers to a high standard, and deviations from established procedures can create liability.
Recognizing these obligations helps you identify red flags early. If you believe your rights have been violated, speaking with a disability discrimination lawyer in San Diego is a direct way to understand what your situation supports under California law.