Too often, people with disabilities find themselves overlooked in conversations about employment discrimination and harassment. They’re expected to “make do,” to stay silent, or to accept hostile work environments that marginalize them. When an employer fails to provide reasonable accommodations, singles someone out because of a disability, or allows mistreatment to continue, that silence can become unbearable. For many, it leads to quitting a job they once depended on—not because they want to, but because the workplace has become intolerable.
Discrimination and harassment based on disability are real and damaging. But the law offers clear protections, and you have options when your employer ignores them.
What Protections Are People With Disabilities Owed Under the Law?
Federal and California laws both prohibit discrimination against workers with disabilities. These laws apply at every stage of employment—hiring, training, promotions, compensation, and termination. When employers ignore those rights, they may be liable for wrongful termination or constructive termination if an employee has no real choice but to leave the job.
At the federal level, the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from discrimination in the workplace. A person qualifies if they can perform the essential functions of their job with or without reasonable accommodations (more on that below). Employers covered by the ADA should not only avoid outright discrimination but also take affirmative steps to accommodate employees’ needs unless doing so would cause undue hardship.
In California, the protections go even further. The Fair Employment and Housing Act (FEHA) covers employers with five or more employees and recognizes a broader range of disabilities than federal law. FEHA also makes it illegal to retaliate against a person for requesting a reasonable accommodation or for asserting their rights under the law. Unlike the ADA, FEHA doesn’t limit its definition of “disability” to conditions that substantially limit major life activities—it includes any condition that makes basic activities more difficult.
Setting the Bar of Reasonable Accommodations
Reasonable accommodations aren’t considered special treatment—but are intended to remove barriers that prevent individuals with disabilities from participating fully in the workplace. Under the ADA, an accommodation is a modification or change in the work environment or in how a job is typically done that enables a qualified individual with a disability to perform the essential functions of the job or enjoy equal benefits and privileges of employment.
These accommodations fall into three categories, according to EEOC enforcement guidelines:
- Adjustments to the application process that give qualified applicants an opportunity to apply for consideration.
- Changes to the work environment or job expectations so employees with disabilities can perform essential functions.
- Modifications that allow disabled employees to enjoy the same benefits and privileges as their coworkers.
This could mean providing screen readers, ergonomic desks, allowing sitting in positions where standing is preferred but not necessary, flexible scheduling, or even allowing remote work. In some cases, the accommodation costs little or nothing but can mean the difference between success and exclusion for certain employees.
Employers Often Claim “Undue Hardship”
Nevertheless, some employers will push back by claiming such accommodations will cause the company undue hardship. Under the ADA, undue hardship means “significant difficulty or expense” and focuses on the resources and circumstances of the particular employer concerning the cost or difficulty of providing a specific accommodation.
Still, employers should not use inconvenience or minor costs as an excuse. Courts will often look closely at an employer’s size, financial resources, and the nature of their operations. A large company will often have more capacity to make accommodations than a small family-owned business.
Personalized Representation Restores Dignity to All
No one should feel invisible or pushed out because of a disability. At Brandon Banks Law, APC, we work directly with our clients to understand the harm they’ve experienced. Whether you’ve been wrongfully terminated or forced out due to harassment based on your disability, your voice matters. Contact our boutique employment law firm in San Francisco to see if we can assist.
The information contained in this blog and on this website is only intended for educational purposes and should not be considered legal advice. You should consult with an attorney before acting on information you read online.
