Disability & Leave Protection
If you have a disability and you're worried about how it affects your job, you're not alone. Too many workers in San Diego deal with employers who refuse to make accommodations, punish them for taking medical leave, or treat them differently because of a health condition.
The law is on your side. Both federal and California statutes give employees with disabilities real, enforceable rights, and when employers break those rules, they can be held accountable.
Disability & Leave Protection - FAQ
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. You should not rely on this information without consulting a qualified attorney about your particular situation.
What federal law protects people with disabilities?
The Americans with Disabilities Act, or ADA, is the main federal law on point here. Congress passed it in 1990, then expanded it in 2008 with the ADA Amendments Act.
Title I of the ADA covers employment. If a company has 15 or more employees, it cannot discriminate against a qualified person with a disability in any part of the job, whether that’s hiring, firing, pay, promotions, assignments, or benefits. The law also says employers have to offer reasonable accommodations unless doing so would create a real hardship on the business. That might mean a modified schedule, assistive technology, a transfer to an open position, or changes to the physical workspace.
California workers get an extra layer of protection through the Fair Employment and Housing Act, or FEHA. FEHA kicks in for employers with just five employees, and it defines disability more broadly than the ADA does. So even if your situation doesn’t fit neatly into the federal framework, you may still have a viable claim under state law. For workers in San Diego, that’s a meaningful difference.
Will I win my disability case with a lawyer?
No honest lawyer will guarantee you a win. If someone makes that promise during a consultation, that’s a red flag, and you should walk away.
That said, having an experienced attorney on your side makes a real difference. A good lawyer knows how to collect evidence, deal with the procedural requirements, file with the right agencies like the EEOC or California’s Civil Rights Department, and push back against the tactics that employers and their legal teams use to dodge liability.
What matters most is the strength of your facts. How well you documented what happened, how serious the discrimination was, whether you reported it internally, and how your employer responded all play a role.
What are examples of disability harassment?
Disability harassment doesn’t have to be physical. It’s any unwelcome behavior tied to someone’s disability that makes the work environment hostile or intimidating. Here’s what it can look like in practice.
Coworkers or managers mocking someone’s condition, imitating how they walk or talk, or making jokes about their use of a wheelchair, hearing aid, or other assistive device. Spreading rumors about an employee’s medical condition. Deliberately leaving someone out of meetings or team activities because of their disability. Removing or tampering with someone’s assistive equipment. Scheduling events in locations that aren’t accessible when they know an employee needs accessibility. Threatening or punishing someone for requesting accommodations or taking medical leave.
Both the ADA and FEHA require employers to prevent this kind of behavior and to act fast when it happens. If management knew what was going on, or should have known, and did nothing, the employer can be held liable. If any of this sounds familiar, write down what happened, save any evidence you can, and talk to a lawyer.
What is the maximum amount a disability lawyer can charge?
Most employment lawyers who handle disability cases work on contingency. That means they only get paid if you win or settle. In employment cases, fees typically range somewhere between 40% to 45% of your total recovery, though the exact number depends on the case. These cases tend to be heavily litigated and require a lot of work on behalf of the lawyers.
California doesn’t set a hard statutory cap on contingency fees for employment discrimination cases, but the fee has to be reasonable under the Rules of Professional Conduct. In some cases, the court orders the employer to pay your attorney’s fees, which can offset or eliminate what you owe out of your recovery.
The key is to talk about fees during your first meeting with the lawyer.
What are the 5 rights of persons with disabilities?
There’s no single official list of five rights, but under federal and California law, these are the ones that matter most for employees.
Equal employment opportunities. Employers can’t turn you down for a job, a raise, or a promotion because of your disability.
Reasonable accommodations. You’re entitled to adjustments that help you do the core parts of your job, things like schedule changes, modified equipment, or reassignment to another open position.
Medical leave. The FMLA and California’s CFRA let eligible employees take protected time off for serious health conditions without losing their job.
Freedom from harassment and retaliation. You shouldn’t be harassed because of your condition, and your employer can’t punish you for speaking up about your rights.
Access to public spaces and services. The ADA requires that public accommodations, government buildings, and transportation systems be accessible.
Is harassing someone with a disability a crime?
It can be. If the harassment crosses into threats, violence, or intimidation because of someone’s disability, it may qualify as a hate crime.
At the federal level, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act makes it a crime to cause or attempt to cause bodily injury based on a person’s actual or perceived disability. California has its own hate crime statute, Penal Code Section 422.6, which makes it a misdemeanor to use threats, force, or intimidation to interfere with someone’s civil rights because of a disability. More serious conduct can be charged as a felony.
In the workplace, disability harassment is usually dealt with through civil claims, meaning you file a lawsuit or a complaint seeking money damages. But if the behavior involves physical violence, credible threats, or stalking, criminal charges could be on the table too. If you’re dealing with this kind of treatment, report it and get legal advice as soon as you can.
What are the four types of disability discrimination?
There are four main categories.
Disparate treatment. This is straightforward intentional discrimination. Your employer treats you worse because of your disability, passing you over for a promotion, giving you less favorable assignments, or firing you when a non-disabled employee wouldn’t have been fired under the same circumstances.
Failure to accommodate. Employers are required to sit down with you, go through what’s called an interactive process, and work out a reasonable accommodation. If they refuse to engage or deny a reasonable request without justification, that’s discrimination.
Harassment. Repeated unwelcome conduct tied to your disability that creates a hostile work environment falls under this category.
Retaliation. If your employer takes action against you because you asked for an accommodation, filed a complaint, or cooperated with an investigation, that’s retaliatory discrimination, and it’s illegal on its own, separate from the underlying disability issue.
How much does a discrimination lawyer cost?
It depends on how the lawyer structures their fees, but here’s what you’ll typically see.
Contingency. In employment cases, fees typically range somewhere between 40% to 45%. You don’t pay anything upfront, and if you lose, you don’t owe attorney’s fees. This is the most common setup for employment discrimination cases. These cases tend to be heavily litigated and require a lot of work on behalf of the lawyers.
Hourly. Some lawyers charge by the hour, typically anywhere from $250 to $600 or more depending on experience and location. This is less common on the employee side of discrimination cases.
Flat fee. Occasionally a lawyer will charge a set fee for a specific task, like writing a demand letter or filing an administrative complaint.
