You are not required to disclose a disability unless you need a reasonable accommodation to perform your job duties. In that case, you must provide enough information for your employer to understand your needs.
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(415) 444-5800Disability Discrimination
San Francisco Disability Discrimination Attorney
California employment laws, such as the Fair Employment and Housing Act (FEHA), make specific types of discrimination unlawful, including discrimination based on an employee’s physical or mental disability, perceived disability, or association with a disabled person. Additionally, the FEHA requires an employer to engage in the interactive process with disabled employees to determine what reasonable accommodations may be available to assist them in the performance of their job duties.
Although some employers may have concerns that disabled employees might have more challenges performing essential job duties, state and federal laws provide that disabled individuals should have employment opportunities that are equal to those of any other employee or applicant.
If you have been subjected to discrimination at work because of an actual or perceived disability, you should consult with a seasoned disability discrimination lawyer. At the Law Offices of Jeannette A. Vaccaro, we are experienced in representing employees in disability discrimination lawsuits in California and know the relevant laws to apply to protect your rights.
Clients We Represent
Disability discrimination rarely announces itself. Employers seldom admit that a disability influenced a firing, so the truth often lives in the timeline, the shifting explanations, and the pattern of how you were treated after your condition became known. Over the years, we have represented former employees whose terminations followed a recognizable path:
- Fired soon after a disability became known: You had a solid work record, then disclosed a physical or mental disability, and your termination followed without any real decline in your performance.
- Fired because the employer assumed you could not do the job: Management treated your diagnosis, medical history, or visible symptoms as proof that you were incapable, without ever evaluating your actual abilities.
- Fired after stereotypes changed how your work was judged: After learning about your disability, supervisors began calling you unreliable, unsafe, or distracted, and those labels fueled negative reviews or discipline used to justify letting you go.
- Selected for termination while others kept their jobs: During a layoff or restructuring, your employer kept workers without disabilities who had comparable or weaker records, while comments about your health or availability hinted at the real reason.
- Fired after disability-related hostility escalated: Coworkers or supervisors made repeated derogatory remarks about your condition, management allowed it to continue, and that same hostility preceded your discipline or discharge.
If any of these scenarios reflect your experience, you may have grounds for a claim. A conversation with an attorney can help you understand where you stand.
Your Rights Under the Law
California’s Fair Employment and Housing Act (FEHA) is one of the strongest employee protection laws in the country. It prohibits employers from discriminating against workers based on an actual or perceived disability, and it requires employers to engage in an interactive process to identify reasonable accommodations. When an employer ignores these obligations and fires someone because of a disability, that termination may be unlawful.
State laws forbid discrimination against a disabled individual, but they also require that employers make reasonable accommodations to help disabled employees perform their jobs. Examples of reasonable accommodations include:
- Modified technology or office equipment
- Job reassignment or transfer
- Modified schedules
- Accessible office and meeting spaces
- Intermittent leaves of absence
If an employer denies an employee’s request for reasonable accommodation, the employee should consult with a disability discrimination attorney to ensure the employer managed the request legally and adequately. Disabled employees are protected by law from retaliation for requesting a reasonable accommodation at work.
How to File a Disability Discrimination Claim
Pursuing a claim can feel intimidating, especially while you are coping with the loss of your job. Our role is to assist you through each stage and carry the legal work so you can focus on your next chapter.
Here is how the process typically unfolds:
- Free case evaluation: We start with a no-obligation consultation, listening carefully to your story and assessing whether your termination points to disability discrimination.
- Investigation and evidence gathering: We review your work history, performance records, communications, and the timeline of events to build a clear picture of what happened.
- Filing your claim: When appropriate, we file a formal complaint with the California Civil Rights Division and prepare your case for the path ahead.
- Negotiation and litigation: We pursue a strong resolution through settlement talks, and when an employer refuses to do right by you, we are fully prepared to take your case to arbitration or trial.
Depending on the facts of your case, you may be entitled to recover back pay, front pay, lost benefits, emotional distress damages, and attorney fees. In cases where an employer acted with malice, oppression, or fraud, you may also recover punitive damages. Deadlines apply to these claims, so acting promptly protects your ability to pursue what you are owed.
Reasons to Choose Us
Former employees trust our firm for reasons that go beyond our track record.
- We represent employees only. We never take the employer’s side, so our focus stays entirely on protecting workers.
- We bring proven results. Our firm has recovered over $20 million for employees, including multiple seven-figure outcomes in disability discrimination cases.
- We are recognized by our peers. Consistent Super Lawyers selection and repeated recognition among the Top Women Lawyers in Northern California reflect a reputation formed on skill and results.
- We stand up to large employers. When you face a corporation and its team of lawyers, we bring the determination and focus needed to pursue justice on your behalf.
Our past clients have remarked that they feel truly heard for the first time when they meet with us. That combination of skill and care shapes everything we do.
Contact an Attorney Today to Review Your Case
A disability should never cost you your job. When an employer fires you because of a medical condition, a perceived limitation, or a request for accommodation, California law stands on your side, and so do we. Identifying the signs of disability discrimination, understanding your rights under FEHA, and acting before deadlines pass can make a worthwhile difference in your case.
As with all legal matters, deadlines are critical. Contact a seasoned disability discrimination attorney at the Law Offices of Jeannette A. Vaccaro PC today to receive a no-obligation case consultation.
FAQs About Disability Discrimination in California
What is a "reasonable accommodation?"
Reasonable accommodations provide adjustments to the workplace or job responsibilities designed to enable employees with disabilities to effectively perform their essential duties. Examples include modified work schedules, assistive devices or a transfer to a vacant position.
What should I do if I believe I am experiencing disability discrimination at work?
If you suspect disability discrimination, begin by documenting specific incidents and gathering any evidence that supports your claims. You can then file a formal complaint with your employer or contact the California Department of Fair Employment and Housing (DFEH) to report the issue.
What if my employer refuses to provide a reasonable accommodation?
If your employer unjustly denies your request for accommodation, you should ask for a written explanation. You may also contact the DFEH or seek advice from an employment attorney to explore your legal options thoroughly.
Am I protected from retaliation if I report disability discrimination?
California law strictly prohibits employers from taking retaliatory actions against employees who report discrimination or request reasonable accommodations. Retaliation can include adverse actions such as termination, demotion or harassment.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$475,000
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
What Our Clients Say
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