Disability discrimination laws in California are among the strongest in the nation. But when facing a legal battle over accommodations or employment protections, many individuals wonder whether federal or state laws apply—or both. Understanding how California’s Fair Employment and Housing Act (FEHA) interacts with the Americans with Disabilities Act (ADA) is essential to navigating your rights and making informed legal decisions.

At Roeschke Law, LLC, we help clients in San Diego and throughout California assert their disability rights under both federal and state law. If you’re facing discrimination in the workplace due to your disability or denial of reasonable accommodations, call 800-975-1866 today. Our team is ready to guide you through your legal options and fight for your access and dignity.

What Is FEHA?

The Fair Employment and Housing Act (FEHA) is a California state law that prohibits discrimination in employment, housing, and public accommodations. When it comes to employment, FEHA specifically protects individuals with disabilities against adverse treatment based on their condition, whether visible or invisible.

FEHA applies to:

  • Employers with five or more employees (including part-time and temporary workers)
  • Job applicants, current employees, and former employees
  • Physical and mental disabilities, including chronic illnesses, impairments, and conditions requiring accommodation

Unlike federal laws that only apply to larger employers, FEHA casts a wider net, making it easier for Californians to file claims against smaller employers that engage in discriminatory behavior.

How Does the ADA Compare?

The Americans with Disabilities Act (ADA) is a federal law enacted in 1990 that prohibits discrimination against individuals with disabilities in many areas, including employment, transportation, public accommodations, and communications.

In the employment context, the ADA:

  • Applies to employers with 15 or more employees
  • Requires employers to provide reasonable accommodations unless doing so would cause an undue hardship
  • Protects individuals who are qualified to perform the essential functions of the job, with or without accommodation

The ADA is enforced by the Equal Employment Opportunity Commission (EEOC), while FEHA claims are handled by the California Civil Rights Department (CRD).

Key Differences Between FEHA and the ADA

While both laws are designed to protect disabled individuals from discrimination, there are notable differences in scope, definitions, and procedural rights.

Broader Definition of Disability Under FEHA

FEHA defines “disability” more broadly than the ADA. Under FEHA, a condition does not need to substantially limit a major life activity to qualify. It is enough that the condition makes the achievement of a major life activity more difficult. This means more people may qualify for protection under FEHA than under the ADA.

Smaller Employers Are Covered by FEHA

The ADA only applies to employers with 15 or more employees. FEHA, on the other hand, protects employees working for employers with as few as five employees. For individuals employed at small businesses, FEHA may offer the only path forward.

Damages and Remedies Can Differ

Both laws allow for remedies such as back pay, reinstatement, and reasonable accommodations. However, FEHA allows for more expansive remedies, including:

  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees

This makes FEHA claims particularly powerful for California employees seeking full and fair compensation for harm caused by discriminatory behavior.

Statute of Limitations

The timing for filing a claim also differs. Under the ADA, complaints must be filed with the EEOC within 300 days of the incident. Under FEHA, employees typically have three years to file a complaint with the California Civil Rights Department.

That additional time can make a crucial difference for employees who delay taking legal action due to fear of retaliation, lack of awareness, or recovery from the impacts of discrimination.

Can You Use Both Laws?

Yes, and in many cases, doing so is strategically beneficial. California workers may pursue a dual filing, where a single complaint is submitted and cross-filed with both the EEOC and the CRD. This preserves your rights under both federal and state law and may increase your chances of achieving a favorable outcome.

However, knowing which agency to file with and how to structure your complaint is critical. An error at this stage could limit your legal rights or delay your case. That’s why working with an experienced disability attorney can make all the difference.

Reasonable Accommodations: What Employers Must Provide

Both FEHA and the ADA require employers to provide reasonable accommodations to qualified individuals with disabilities. Examples include:

  • Modified work schedules
  • Assistive technology or devices
  • Ergonomic adjustments
  • Remote work options (when feasible)
  • Medical leave or reassignment to a vacant position

However, employers are not required to provide accommodations that create an undue hardship, such as significant difficulty or expense. That said, California courts generally interpret this defense more narrowly under FEHA than federal courts do under the ADA.

In short, if you’re denied a requested accommodation under ADA standards, you may still have a case under FEHA—especially if your condition affects your ability to perform daily tasks, even if it doesn’t meet the federal threshold for “disability.”

Common Examples of Disability Discrimination in the Workplace

Disability discrimination is not always overt. Some of the most harmful actions occur subtly, such as:

  • Denying a promotion or pay raise after disclosure of a disability
  • Refusing a reasonable accommodation without justification
  • Terminating employment shortly after a medical diagnosis
  • Creating a hostile work environment based on medical needs
  • Punishing an employee for using leave or requesting flexibility

In each of these cases, both FEHA and the ADA offer pathways for relief. The key is building a well-documented record and working with an attorney who understands how to apply both laws effectively.

How Roeschke Law, LLC Can Help

At Roeschke Law, LLC, our legal team focuses exclusively on disability-related cases. We don’t dilute our work across unrelated legal areas. Our attorneys understand how FEHA and the ADA intersect—and how to leverage both for maximum protection.

We serve clients across San Diego and throughout California, offering compassionate guidance, strategic representation, and a deep commitment to justice. Whether you’ve experienced discrimination, been denied accommodations, or need advice on how to proceed, we’re here to stand by your side.

Take the Next Step in Protecting Your Rights

If you believe your disability rights have been violated at work, don’t wait to act. Time is critical, and understanding the interplay between FEHA and the ADA can open powerful doors to justice.

Call 800-975-1866 today or visit disabilityattorneyca.com to speak with a dedicated California disability attorney who knows how to protect your rights under both state and federal law.