If you are wondering how to file a claim for disability discrimination, it generally starts with submitting a complaint to the Civil Rights Department (CRD), the state agency that handles these cases. From there, you can either let the agency investigate or request a “right-to-sue” notice that lets you take your case to court.
You generally have three years from the date the discrimination happened to begin. The process has a few specific steps, and missing one, or waiting too long, can weaken an otherwise strong case.
If you would rather not go through the process alone, a Los Angeles employment lawyer at Omega Law Group Accident & Injury Attorneys can handle the filing and the follow-up for you. There is no fee unless we recover for you.
Step 1: Gather Your Documentation
Before filing anything, pull together everything that supports what happened. Strong documentation makes your claim far more credible and easier to investigate. Useful records include:
- Emails, texts, or letters with the employer
- Job postings, offer letters, or rejection notices
- Notes on dates, names, and exactly what was said
- Any record of when you disclosed a disability or requested an accommodation
- Names of witnesses who saw or heard what happened
The goal is to show a clear timeline, especially the connection between your disability becoming known and the negative decision that followed.
Step 2: File a Complaint With the Civil Rights Department
In California, disability discrimination claims begin with the Civil Rights Department under the Fair Employment and Housing Act, found in Government Code section 12940 and following. You file what is called a “complaint” or “charge” describing what happened, who was involved, and when.
You can file online, by mail, or with help from the agency directly. There is no cost to file. This step is required before you can take most discrimination cases to court, which is why it is such an important part of how to file a claim for disability discrimination correctly.
Step 3: Decide Between an Investigation or a Right-to-Sue Notice
Once your complaint is filed, you generally have two paths:
- Let the CRD investigate: The agency can interview witnesses, request documents, and try to resolve the matter, sometimes through a settlement between you and the employer.
- Request an immediate right-to-sue notice: This closes the agency’s involvement and gives you permission to file a lawsuit in court, usually the faster route if you already plan to work with an attorney.
Which path makes sense depends on your situation. An attorney can help you decide whether an agency investigation or heading straight to court gives you the better position.
Step 4: Be Mindful of the Deadlines
Deadlines are where valid claims are often lost. Under Government Code section 12960, you generally have three years from the date of the discriminatory act to file your complaint with the CRD.
If you receive a right-to-sue notice, a new clock starts: you typically have one year from the date of that notice to file a lawsuit in court. Different deadlines can apply if you file with the federal Equal Employment Opportunity Commission (EEOC) instead, so it is worth confirming which timeline applies to you before assuming you have plenty of time.
Step 5: File the Lawsuit, If It Comes to That
If your case is not resolved through the agency and you have your right-to-sue notice, the next step is filing a lawsuit. This is where having an employment lawyer becomes especially valuable, since court cases involve strict rules, formal procedures, and an employer who will likely have its own legal team.
Many cases still settle at this stage, but filing signals that you are serious and prepared to see the case through.
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What You Can Recover
A successful disability discrimination claim can result in several forms of relief, depending on the facts. This can include back pay for lost wages, compensation for emotional distress, a job offer or reinstatement, and orders requiring the employer to change its practices. In cases involving especially serious misconduct, additional damages and attorney’s fees may also be available under FEHA.
Common Mistakes to Avoid
A few missteps come up again and again when people file on their own:
- Waiting too long and running into a deadline
- Filing a vague complaint that leaves out key dates or details
- Quitting the job first without understanding how it affects the claim
- Talking to the employer in a way that undercuts the case
- Assuming a single agency does everything when state and federal processes differ
Avoiding these mistakes is often as important as understanding how to file a claim for disability discrimination in the first place.
How Omega Law Group Can Help
Knowing how to file a claim for disability discrimination gives you a fair advantage, but you do not have to manage every step alone. The right guidance can mean the difference between a claim that stalls and one that moves forward with strength.
The team at Omega Law Group Accident & Injury Attorneys offers free consultations, works on contingency, which means no fee unless we win, and is available 24/7 with assistance in Spanish. If you believe you were discriminated against because of a disability, reach out today and let our family take care of yours.
