If you’re a California employer, understanding how to handle disability discrimination claims is critical. With California’s strict labor laws, one wrong move can turn into a costly lawsuit. In this blog, we’ll walk through the 5 employer mistakes in CA disability discrimination cases that we see most often at Rupal Law—and how you can avoid them. Protecting your business starts with knowing where things typically go wrong.
1. Failing to Engage in the Interactive Process
One of the biggest mistakes employers make is skipping or mishandling the “interactive process.” This is a required step under both the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). When an employee requests a reasonable accommodation—or when you become aware that one may be needed—you’re legally required to talk with the employee to figure out what accommodations might work.
The interactive process is not just a single conversation or form. It’s an ongoing dialogue. Employers often stop short, don’t document it properly, or never start it at all. That’s a legal risk you don’t want to take.
2. Assuming What the Employee Needs (Instead of Asking)
Another common mistake? Making assumptions. Employers sometimes guess what kind of help an employee with a disability needs instead of simply asking them. This can lead to offering the wrong accommodations—or none at all.
You don’t have to agree to every request, but you do need to have a documented conversation and explore reasonable solutions. Skipping this step makes you look like you didn’t try, which is bad news if the case ends up in court.
3. Not Documenting Everything
In disability discrimination cases, the paper trail matters. Employers who don’t document meetings, emails, accommodations offered, and performance reviews can find themselves in a tough spot.
If a claim is filed, the burden is often on the employer to show they followed the law. If there’s no record of what you did or said, it’s as if it didn’t happen. Documentation is your best defense.
Thorough recordkeeping not only helps you stay legally protected—it also gives your management team the tools they need to remain consistent and fair in how they treat employees. Consistency matters when defending against discrimination claims.
4. Retaliating (Even Unintentionally)
It’s illegal to retaliate against an employee for requesting a reasonable accommodation or complaining about discrimination. But retaliation doesn’t always look like a dramatic firing. It could be a reduction in hours, a poor performance review, or even a shift in attitude that makes the workplace hostile.
Sometimes, employers don’t even realize their actions could be seen as retaliation. Always take a step back before making any employment changes involving a disabled worker, especially after a complaint has been made.
To help avoid retaliation claims, it’s wise to train supervisors and team leads on what retaliation looks like. The more aware your management team is, the less likely they are to make a misstep that leads to legal trouble.
5. Firing Without Legal Guidance
Let’s say you have a disabled employee who isn’t meeting performance expectations. Before making any termination decisions, speak with an employment lawyer. Terminating a disabled employee—especially without following a clear process—can lead to a serious claim against your business.
At Rupal Law, we’ve seen many cases where employers acted too quickly or didn’t fully understand their legal duties. A quick call to an attorney could save you tens or even hundreds of thousands of dollars.
Why These Mistakes Matter
These five employer mistakes in CA disability discrimination cases are more than just slip-ups—they can seriously harm your business. California laws are among the toughest in the country when it comes to protecting workers with disabilities. Even a well-meaning employer can end up on the wrong side of the law if they’re not careful.
Beyond the cost of legal defense and potential settlements, claims like these can impact your company’s reputation, employee morale, and internal culture. Employees want to feel supported. If they don’t, turnover rises—and so does the risk of more complaints.
How to Stay Compliant and Protect Your Business
Here are some tips to stay on the right track:
- Train your managers on disability rights and the interactive process.
- Create a written policy on accommodations and follow it.
- Document everything—emails, meetings, accommodation requests, and your responses.
- Keep communication open and respectful with the employee.
- Call a trusted employment lawyer if you’re unsure about what to do.
First-Hand Experience and Support You Can Trust
At Rupal Law, we’ve helped countless California employers avoid or defend against disability discrimination claims. We understand the pressure businesses face and are here to ensure you’re protected. With our experience in employment defense, we can help you put systems in place that keep you compliant and out of court.
Call Rupal Law Today
Don’t wait until a lawsuit is knocking on your door. If you’re dealing with a potential disability discrimination situation—or just want to make sure your policies are solid—call Rupal Law today at (951) 460-0830 for a confidential consultation.
We’re here to protect your business, your team, and your peace of mind.
