Disability Discrimination at Work vs Social Security Disability: Know the Difference
Disclaimer: The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. The information contained herein can change due to changes in the law. You should not rely on this information without consulting a qualified attorney about your particular situation.
‘Disability’ means two very different things depending on the context, and confusing them can send you to the wrong place for help. This guide clears up the difference between workplace disability discrimination and Social Security disability benefits — and explains what an employment lawyer can and cannot do.
Two very different things people confuse
Social Security disability is a federal benefits program for people who cannot work. Workplace disability discrimination is about your rights as an employee who can work, with or without accommodation. They involve different laws, different agencies, and different lawyers. If you are being mistreated at work because of a disability, that is an employment issue — not a Social Security one.
What Social Security Disability (SSDI/SSI) is (and isn’t)
SSDI and SSI provide income to people whose medical conditions prevent them from working. These claims go through the Social Security Administration and are handled by benefits attorneys, not employment lawyers. If your goal is monthly disability benefits because you cannot work, that is a Social Security matter.
What workplace disability discrimination is (ADA/FEHA)
If you can do your job — possibly with a reasonable accommodation — but your employer discriminates against you because of a disability, that is covered by the federal ADA and California’s Fair Employment and Housing Act (FEHA). FEHA is broader than the ADA and protects a wide range of physical and mental conditions. This is what an employee-side employment lawyer handles.
Side-by-side: benefits vs employment rights
- Social Security disability: monthly income for those unable to work; handled by the SSA and benefits attorneys.
- Workplace disability discrimination: protection and remedies for employees mistreated because of a disability; handled under FEHA/ADA by employment lawyers.
- Different goals: benefits vs keeping your job, getting accommodations, or holding an employer accountable.
Signs you’re facing disability discrimination at work
- Your employer refuses to discuss or provide a reasonable accommodation.
- You were fired, demoted, or disciplined after disclosing a disability or medical condition.
- You were harassed or treated differently because of your condition.
- You were denied medical leave you were entitled to.
What California’s FEHA protects (and who to call for what)
FEHA requires most California employers to engage in an interactive process and provide reasonable accommodations unless doing so would cause undue hardship. It also prohibits firing or harassing employees because of disability. If that describes your situation, an employment lawyer can help. If you simply cannot work and need income, you likely need a Social Security benefits attorney instead.
Frequently Asked Questions
What is the difference between disability discrimination and disability benefits?
Disability discrimination is about mistreatment at work because of a disability (an employment law issue under FEHA/ADA). Disability benefits (SSDI/SSI) provide income to people who cannot work, through Social Security.
Is workplace disability discrimination the same as SSDI?
No. They involve different laws, agencies, and lawyers. Discrimination claims protect employees who can work; SSDI provides income to those who cannot.
What is disability discrimination under FEHA?
It is when a California employer fires, demotes, harasses, or refuses to reasonably accommodate an employee because of a physical or mental disability, in violation of the Fair Employment and Housing Act.
Can I be fired for having a disability in California?
No. Firing an employee because of a disability, or for requesting accommodation, generally violates FEHA. You may have a wrongful termination or discrimination claim.
What counts as a disability under California law?
FEHA defines disability broadly, covering many physical and mental conditions that limit a major life activity — a wider definition than the federal ADA.
Talk to a San Diego Attorney — Free Consultation
Tan Ngo Law Firm helps San Diego clients with disability discrimination and leave protection and related matters. Consultations are free and you pay nothing unless we win. Call 1-760-230-9562 or request a free case evaluation online.
