Disability discrimination laws exist to protect employees from unfair treatment based on physical or mental impairments. Both federal and California state laws prohibit this form of discrimination, but they differ in several important ways.

The Differences Between Federal and California Disability Discrimination Laws

ADA & FEHA

The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) is essential for any employee asserting their rights in the workplace. While both laws aim to prevent discrimination, FEHA provides broader protections and applies to more workers and conditions than the ADA.

Employer Coverage

One of the most significant differences lies in the scope of employer coverage:

ADA: Applies to private employers with 15 or more employees, as well as state and local government agencies.
FEHA: Applies to employers with five or more employees, making it more accessible to workers at small businesses in California.

This lower threshold under FEHA allows more employees to seek legal protection for disability-related claims.

Definition of Disability

The ADA and FEHA define disability differently, with California law offering a broader interpretation:

ADA: Defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This definition can make it difficult to qualify for protection under federal law.
FEHA: Defines disability as any condition that limits a major life activity, without requiring that the limitation be “substantial.” This includes physical disabilities, mental health conditions, medical diagnoses like cancer, and even temporary injuries.

FEHA’s more inclusive definition means that workers with short-term or less severe impairments may still qualify for legal protection under state law.

Reasonable Accommodations

Both the ADA and FEHA require employers to provide reasonable accommodations to qualified individuals with disabilities. However, FEHA holds employers to a stricter standard:

ADA: Requires accommodations unless doing so would cause an undue hardship to the business.
FEHA: Also uses the undue hardship standard, but California courts tend to apply it more narrowly, requiring more effort from employers to accommodate workers.

Both laws require the employer to engage in a timely and good faith interactive process to identify effective accommodations, but FEHA gives employees more leverage in enforcing this obligation.

Enforcement and Legal Claims

Employees have different options for filing disability discrimination claims depending on whether they are using federal or state law:

ADA: Claims must be filed with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates the complaint and may issue a “right-to-sue” letter, allowing the employee to file a lawsuit in federal court.
FEHA: Claims are filed with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). The CRD also investigates and may issue a right-to-sue notice for cases to proceed in state court.

California’s procedures are generally more favorable to employees, often leading to faster processing times.

Types of Damages Available

Both laws allow for recovery of compensation for lost wages, emotional distress damages, and attorney’s fees. However, FEHA provides additional advantages:

No cap on emotional distress damages, while the ADA imposes caps based on employer size.
Punitive damages are available under both laws, but California courts are more likely to award them in egregious cases.

This means that workers filing under FEHA may have access to greater compensation for harm suffered.

If you have been discrimination against for your disability, contact our Orange County employment lawyers at Aegis Law Firm today.