San Diego ADA Disability Discrimination Lawyer
Protecting California Workplace Rights and Advising on Compliance
The Americans with Disabilities Act (ADA) is a landmark federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment. Title I of the ADA specifically governs employment practices and applies to private employers, state and local governments, and labor organizations with 15 or more employees. In California, employees are further protected by the Fair Employment and Housing Act (FEHA), which provides broader coverage than the ADA.
At In Motion Law, APC, we represent employees and employers in ADA-related matters across San Diego County and statewide. Whether you are an employee who has experienced discrimination or an employer seeking to establish and maintain compliance, our San Diego ADA lawyer provides experienced counsel, practical advice, and aggressive representation when needed.
ADA Employment Protections
Under the ADA, employers are prohibited from discriminating against qualified individuals on the basis of disability in all aspects of employment, including hiring, promotions, pay, job assignments, training, termination, and other terms and conditions of employment. A “qualified individual” is someone who can perform the essential functions of the job with or without reasonable accommodation.
Disability under the ADA is broadly defined and includes physical or mental impairments that substantially limit one or more major life activities. It also protects individuals who have a history of such impairments or who are perceived as having a disability, even if they do not currently have one. California’s FEHA offers an even more inclusive definition of disability, covering conditions that limit, rather than substantially limit, a major life activity.
Reasonable Accommodation and the Interactive Process
A central component of ADA compliance is the employer’s obligation to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is a modification or adjustment to the work environment or the way a job is performed that enables the employee to perform essential job duties. Examples include modified work schedules, ergonomic equipment, remote work arrangements, reassignment to a vacant position, or alterations to workplace policies.
The law does not require employers to provide accommodations that would impose an “undue hardship” which amounts to significant difficulty or expense relative to the employer’s size, resources, and operational needs. However, employers are required to engage in a good-faith interactive process with the employee to explore and evaluate possible accommodations. This dialogue should be collaborative and tailored to the employee’s specific limitations and the demands of the job.
Failing to participate in this process or automatically denying a request without meaningful consideration may constitute a violation of the ADA and FEHA. Likewise, employers are prohibited from retaliating against employees for requesting accommodations or asserting their rights under the law.
Examples of Common ADA Violations in San Diego
ADA violations can take many forms, some overt and others more subtle. Denying a job applicant because of a disability that does not prevent them from performing essential job functions is a clear violation. So is refusing to accommodate an employee’s need for medical leave, even though short-term leave is often considered a reasonable accommodation.
Some employers mistakenly rely on stereotypes or assumptions about an individual’s limitations rather than assessing their actual ability to perform the job. Others may subject employees with disabilities to stricter scrutiny or disciplinary measures compared to their coworkers, which can support claims of discriminatory treatment.
In California, additional protections apply under FEHA, including a lower threshold for what constitutes a disability and broader requirements for accommodation. Employers must also comply with state laws requiring anti-discrimination policies, supervisor training, and timely responses to accommodation requests.
The Employee’s Path Forward
If you are an employee who believes your rights under the ADA or FEHA have been violated, you have legal avenues available. You may first raise the issue internally by notifying your supervisor or HR department. If that does not lead to a resolution, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD), formerly known as the DFEH.
These agencies investigate complaints and may offer mediation services, issue a “right-to-sue” letter, or, in some cases, pursue enforcement action. When a right-to-sue letter is issued, employees may file a lawsuit seeking remedies such as reinstatement, back pay, compensatory damages, and attorney’s fees.
In Motion Law, APC helps employees evaluate whether their rights have been violated, gather the necessary documentation, and build a strong case for administrative review or civil litigation. We work to resolve matters quickly when possible but are fully prepared to go to court when needed.
How We Help California Employers
Employers must ensure they have clear policies in place regarding disability accommodations, train managers and HR personnel on ADA compliance, and respond promptly and respectfully to employee requests. Failing to do so not only increases the risk of litigation but also undermines workplace morale and productivity.
We counsel employers on how to recognize and handle accommodation requests, conduct and document the interactive process, and develop reasonable, defensible workplace accommodations. We also represent businesses in defending against claims filed with the EEOC, CRD, or in court, always seeking cost-effective resolutions that align with operational goals.
When a claim arises, we conduct prompt investigations, assess risk exposure, and develop a litigation strategy designed to resolve disputes efficiently while minimizing reputational damage.
Speak With a San Diego ADA Lawyer Who Understands Both Sides
ADA and FEHA compliance is not just about avoiding liability—it’s about treating people fairly and creating inclusive workplaces that work for everyone. For employees, asserting your rights can be intimidating. For employers, navigating these laws without legal support can be costly. At In Motion Law, APC, we bring clarity, balance, and results-focused advocacy to every ADA matter we handle.
Whether you are seeking to assert your ADA rights or protect your business in San Diego County or statewide, contact In Motion Law today to speak with a California employment lawyer dedicated to serving your best interests.
