Disability discrimination at work can feel overwhelming. If you think your employer treated you unfairly because of a disability, you can report it. Understanding the process may help you take the first steps toward addressing the situation.
What counts as disability discrimination?
Before you file a report, it helps to know what disability discrimination is. California law protects workers from unfair treatment because of a disability. This includes being denied accommodations, facing harassment, not receiving a promotion or being fired due to your disability.
With regards to discrimination, employers with five or more employees must generally comply with the California Fair Employment and Housing Act (FEHA). This law requires them to provide reasonable accommodations and prohibits discrimination based on disability. Recognizing these protections could help you identify when your employer violates your rights under FEHA.
How do you file a complaint with the Civil Rights Department?
The California Civil Rights Department (CRD) handles discrimination complaints. You can file online, by mail or in person. The process often begins with a pre-complaint form. This helps the agency decide if it can take your case.
You usually have three years from the date of the incident to file a CRD complaint. This is longer than the federal deadline, so you have more time to prepare. After you submit your complaint, the department will investigate and may attempt to resolve the issue through mediation or other methods.
Should you consider federal options?
You might also file a complaint with the federal Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal anti-discrimination laws and accepts complaints from employees who work for companies with 15 or more employees. You have 300 days from the discriminatory act to file with the EEOC if you live in a state with its own anti-discrimination agency.
You do not need to file two complaints. If you file with the CRD or EEOC, you can ask for “dual filing.” This counts for both state and federal protection.
What should you do before filing?
Write down everything about the discrimination. Save emails, performance reviews, medical records and notes from conversations with supervisors or human resources. This helps support your complaint. It might also help to check your employee handbook. Some companies have internal complaint steps that may help resolve the issue.
Your actions can prevent workplace discrimination
If you experience disability discrimination at work, you do not have to ignore it or handle it alone. By learning about your rights, keeping thorough records and reporting unlawful conduct through the appropriate channels, you can take meaningful steps to protect your interests. Taking action may also help create a more inclusive and equitable workplace for others.
