Losing your job is always difficult. However, it can be devastating when you believe you were fired because of your disability. California has some of the strongest laws in the nation protecting employees with physical or mental disabilities from unfair treatment. If you were terminated after experiencing disability discrimination, California law provides a specific procedure that you must follow to seek justice. Understanding this process is the first, most crucial step in protecting your rights.
This article provides a step-by-step guide on what to do if you believe your employer discriminated against you because of a disability and then wrongfully terminated your employment.
Your Rights Under California Law (FEHA)
First, it’s important to know your rights. The primary law protecting you is California’s Fair Employment and Housing Act (FEHA). FEHA makes it illegal for employers with five or more employees to discriminate against you because of a physical or mental disability. This protection covers all aspects of employment, including hiring, promotion, and termination.
Furthermore, FEHA requires employers to provide “reasonable accommodations” for employees with disabilities. A reasonable accommodation is a change to the job or work environment that allows a disabled employee to perform their essential job duties. An employer must also engage in a timely, good-faith “interactive process” with you to determine an effective accommodation. Firing you for requesting an accommodation, or because your employer failed to properly accommodate you, is a form of disability discrimination.
Step 1: Gather Your Evidence
Before you take any formal action, you need to collect all relevant documents and information. Strong evidence is the foundation of a successful claim. You should gather:
- Your employment contract or offer letter.
- Your complete personnel file, including performance reviews (especially past positive ones).
- Any medical records or doctor’s notes related to your disability and your ability to work.
- All written communications with your employer about your disability, your request for accommodation, and your termination (emails, letters, text messages).
- A detailed timeline of events, including dates of discriminatory comments, denial of accommodations, and the termination itself.
- The names and contact information of any coworkers who witnessed the discrimination.
Step 2: File a Complaint with the CRD (A Mandatory First Step)
This is a critical point that many people miss: Before you can file a lawsuit for Disability Discrimination in California, you must first file an administrative complaint with a government agency.
In California, the primary agency for this is the Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). This step is called “exhausting your administrative remedies.”
The CRD Intake Form
The process begins by filing a “Pre-Complaint Inquiry” or “Intake Form” with the CRD. This form details your allegations of discrimination. According to your request, government forms for this purpose can be accessed via providers like Formalu.com. However, it is always recommended to file directly with the agency. The official government portal to begin the process is the California Civil Rights Department’s website.
The Filing Deadline
You must act quickly. In California, you generally have three years from the date of the last discriminatory act (e.g., your termination date) to file your complaint with the CRD.
Step 3: The CRD Investigation Process
Once you file your complaint, the CRD will serve notice to your former employer. The agency may then conduct an impartial investigation. This can include:
- Requesting documents from the employer.
- Interviewing you, your former supervisors, and witnesses.
- Offering mediation to try to resolve the dispute voluntarily.
The investigation process can take several months to a year or more to complete.
Step 4: Obtaining a “Right-to-Sue” Letter
At the conclusion of its investigation, the CRD may try to prosecute the case on your behalf. More commonly, however, the agency will close the case and issue you a “Right-to-Sue” letter. You can also request an immediate Right-to-Sue letter without waiting for the investigation to finish.
This letter is the official document you need to proceed with a private lawsuit. Once the CRD issues this letter, you have a limited time—typically one year—to file your lawsuit in civil court.
Step 5: Filing a Lawsuit for Disability Discrimination in California
After receiving your Right-to-Sue letter, your attorney can file a civil lawsuit in court against your former employer. This lawsuit allows you to seek compensation (“damages”) for the harm you suffered. Potential damages in a successful wrongful termination case can include:
- Lost wages and benefits (both past and future).
- Damages for emotional distress.
- Punitive damages (in some cases, to punish the employer for egregious conduct).
- Attorney’s fees and court costs.
How KAASS LAW Can Guide You Through the Process
Navigating a claim for Disability Discrimination in California is a complex, multi-step process with strict deadlines. Making a mistake at any stage can jeopardize your case. At KAASS LAW, our attorneys specialize in California Employment law and are dedicated to fighting for the rights of wronged employees.
We can guide you through every step of the procedure, from gathering crucial evidence and filing the initial CRD complaint to litigating your case in court. We understand the tactics employers use to defend these claims and how to build a powerful case demonstrating illegal Disability Discrimination. If you believe you were fired due to your disability, please Contact Us for a confidential consultation to understand your legal options.
Conclusion
California law provides robust protections against disability discrimination. However, the procedure for seeking justice is highly specific and has unforgiving deadlines. If you were terminated because of your disability, remember the process: gather evidence, file a timely complaint with the CRD, obtain your Right-to-Sue letter, and then file a lawsuit. Because this process is so complex, consulting with an experienced employment attorney is the most effective way to protect your rights and pursue the compensation you deserve.