Disability Discrimination

Disability Discrimination Attorney in San Francisco

Litigation-Ready Representation for Employees & Employers

Disability discrimination in the workplace is illegal under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). Yet violations happen regularly: denied accommodations, terminations, demotions, and retaliation against employees who simply asked for help doing their jobs. At Wood Litigation, APC, we handle these disputes for both employees asserting claims and employers defending against them throughout San Francisco and the Bay Area.

Greg Wood has been litigating complex employment and discrimination matters in San Francisco courts for over twenty years. He holds recurring Super Lawyer recognition and is the attorney other top San Francisco lawyers trust enough to refer their own clients to. That standing matters in disability discrimination work. The gap between a firm that resolves matters early and one that can credibly take a case to trial affects how the other side evaluates the case.

If you’re involved in a San Francisco workplace disability dispute, whether as an employee or an employer, contact Wood Litigation, APC at (415) 936-0300 to discuss your situation.

Why Wood Litigation, APC for Disability Discrimination

Most employment cases settle. What drives those settlements is whether the opposing party believes you’re prepared to go to trial. We prepare every matter as if it will be litigated to a verdict. That discipline comes from genuine trial experience. Our outcomes across practice areas include a $10 million jury verdict and high six-figure arbitration awards, demonstrating our litigation capability in high-stakes matters.

We take a strategic, candid approach: assessing the strength of a disability discrimination claim honestly, advising when negotiation or mediation makes sense, and being ready to proceed to trial when it doesn’t. Because we represent both employees bringing claims and employers defending against them, we understand how both sides evaluate cases and build arguments. That advantage comes from seeing these disputes from both perspectives.

Disability Discrimination Claims We Handle

Discrimination based on disability, medical condition, mental health condition, or perceived disability is prohibited at every stage of employment. We handle claims spanning the full employment lifecycle.

Conduct that may give rise to a claim can include:

Discriminatory hiring practices or refusal to consider qualified applicants
Denial of a reasonable accommodation without engaging in the required process
Demotion, pay reduction, or exclusion from advancement opportunities
Termination or constructive discharge related to a disability or medical condition
Retaliation for requesting an accommodation or reporting discrimination
A hostile work environment created in response to a disability or accommodation request

California law also protects employees who don’t have a qualifying disability but whose employer believes they do. If an employer takes adverse action based on a perceived disability, that conduct may give rise to a claim under FEHA just as actual discrimination would.

Ready to talk through your disability discrimination matter? Reach Wood Litigation, APC at (415) 936-0300 for a case evaluation.

California Disability Law: FEHA, the ADA, & Who Is Covered

California’s FEHA provides broader protection than federal law. Under FEHA, a person is considered disabled if they have a physical or mental condition that limits one or more major life activities, including walking, seeing, hearing, speaking, breathing, working, or caring for oneself. That definition covers conditions that are readily apparent and those that are subtle, from heart conditions and sleep apnea to depression, anxiety, and learning disabilities.

FEHA applies to employers with five or more employees. The federal ADA applies only to employers with 15 or more, meaning a substantial number of California workers have state-law protections that federal law doesn’t reach. Temporary conditions may also trigger separate protections under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA).

Reasonable Accommodation & the Interactive Process

When an employer becomes aware of an employee’s disability, California law requires them to engage in a good-faith interactive process: a genuine, documented dialogue aimed at identifying accommodations that allow the employee to perform their job. The obligation is mutual. Employees must participate in good faith as well.

Reasonable accommodations can include modified schedules, remote work, specialized equipment, reassignment to a vacant position, leave for medical appointments, or restructuring of nonessential job duties. Employers aren’t required to provide the exact accommodation an employee requests, only one that is effective and doesn’t create an undue hardship given the employer’s size and resources. An employer who refuses to engage in the interactive process at all may face liability for that failure separately from any underlying discrimination claim.

Retaliation & Disability-Related Wrongful Termination

California law prohibits employers from taking adverse action against an employee for requesting an accommodation, reporting discrimination, or participating in a discrimination investigation. Retaliation doesn’t require termination. Demotions, schedule changes, pay cuts, or a sudden shift to a hostile work environment following an accommodation request can all qualify.

When a termination is tied to a disability or an accommodation request, it may support a wrongful termination claim. California also recognizes constructive discharge. If working conditions become so intolerable that a reasonable person would feel compelled to resign, courts may treat that resignation as a termination for legal purposes. Disability discrimination claims frequently overlap with CFRA and FMLA violations when an employer denies or punishes medical leave connected to the same condition.

Damages Available in a Disability Discrimination Case

An employee who prevails in a disability discrimination case may recover back pay for wages lost from the date of the discriminatory act, front pay for future lost earnings, and compensation for lost benefits. Emotional distress damages are also available under California law.

Attorney fees and litigation costs may be recovered by a prevailing plaintiff in a FEHA claim. Punitive damages may be available if the employee demonstrates that the employer acted with malice, oppression, or fraud. Courts may also order reinstatement or require an employer to implement new anti-discrimination policies and training. Those remedies go beyond financial compensation.

Hear From Our Happy Clients

The attorneys were communicative and the service was exceptional.
“This firm handled my case in a timely and professional matter. The attorneys were communicative and the service was exceptional. I would recommend this firm for real estate matters. The case was resolved in my favor and a big thank you to Leyla Pasic for her exceptional work.”

- Jay
Greg was continuously focused on how to best further our company's interests.
“We were very, very satisfied with Greg Wood's counsel, as he not only displayed quick understanding and sharp strategic thinking but also brought an impressive and -- one hates to say — almost rare "client-first" attitude to proceedings.”

- Rainer
Greg is a very knowledgeable attorney.
“I have found his advice to be excellent. He has assisted me with more than one issue. Minor and major real estate disputes and contract law issues. He is easy to talk too and has a great demeanor. This attorney will give it to you straight.”

- Renee

View All Reviews

How Wood Litigation, APC Approaches Disability Discrimination Cases

Disability discrimination matters start with understanding the client’s industry, role, and objectives before any strategy is recommended. That context shapes everything: which claims are strongest, what evidence needs to be preserved immediately, and whether early resolution or litigation is the more practical path.

We advise clients on concrete early steps: documenting accommodation requests and communications, preserving emails and written records, and evaluating the full picture of potential claims, including retaliation and wrongful termination where applicable. Our familiarity with San Francisco Superior Court and Bay Area mediators means we understand how these disputes are evaluated at each stage, and we use that knowledge to build leverage well before any hearing.

We can guide clients through agency proceedings before the California Civil Rights Department (CRD, formerly the Department of Fair Employment and Housing), the U.S. Equal Employment Opportunity Commission (EEOC), and into negotiation, mediation, arbitration, or trial. Because every matter is prepared as if it may proceed to a verdict, clients enter settlement discussions from a position informed by that preparation rather than urgency.

Filing a Disability Discrimination Claim in San Francisco

Before a civil lawsuit can be filed under FEHA, employees must first file a complaint with the California Civil Rights Department. Under AB 9, effective January 1, 2020, employees have three years from the date of the discriminatory act to file that complaint. After receiving a right-to-sue letter, they have one year to file in civil court. Employees may also request an immediate right-to-sue letter without waiting for a CRD investigation to conclude.

Federal claims under the ADA operate on a shorter timeline. A charge must be filed with the EEOC within 300 days of the discriminatory act, before California’s state deadline. Missing either deadline can permanently bar a claim regardless of its merit.

We advise San Francisco employees and employers on which agency to engage, when to request an immediate right-to-sue letter, and how to time filings strategically across overlapping state and federal frameworks. If a disability discrimination dispute is affecting your workplace, don’t wait on the deadlines. Contact Wood Litigation, APC at (415) 936-0300 to speak with a San Francisco disability discrimination lawyer about your options.

Perceived Disability & Overlapping Leave Rights

FEHA’s perceived disability protection covers situations that employees often don’t recognize as potentially actionable. If an employer learns of a medical condition through an accommodation request and then retaliates or restructures a role based on that information, that conduct may give rise to a claim even if the condition doesn’t meet the technical definition of a disability under FEHA.

Alcoholism and drug addiction are recognized disabilities under California law, though active use of alcohol or drugs in the workplace is not protected, and employers may enforce attendance and conduct standards consistently. An employer who learns an employee is attending addiction treatment may not demote, terminate, or take other adverse action based on that recovery status. Employees navigating disability-related medical leave may have simultaneous protections under FEHA, CFRA, and FMLA. An employer who denies or interferes with that leave may face liability under more than one statute.

Documenting a Disability Discrimination Claim Before You Consult an Attorney

What you document in the early stages of a disability discrimination dispute can affect what you’re able to prove later. Employees who suspect discrimination should record specific incidents in writing as soon as possible, noting dates, times, locations, the individuals involved, and exactly what was said or done.

Relevant documentation to gather and preserve includes:

Written accommodation requests and the employer’s written responses
Denial letters, performance reviews, or corrective actions that followed an accommodation request
Emails, text messages, or other communications referencing a disability or medical condition
Medical records or doctor’s notes submitted during the accommodation process
Records of any internal complaints filed and the employer’s response to them

Submitting accommodation requests and discrimination complaints in writing, rather than verbally, creates a record of your participation and the employer’s response. Consulting a disability discrimination attorney in San Francisco before filing with any agency can help ensure that deadlines are met and evidence is preserved before it disappears.

Contact Us Today

At Wood Litigation, APC, we're always ready to take your call! Give us a call at (415) 936-0300 or fill out the form below to contact one of our team members.

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from Wood Litigation, APC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Diligent Litigation. Strategic Legal Counsel.

Read how our team of attorneys set themselves apart from other litigation attorneys.

Personalized Strategies Designed to Meet Your Needs
With a diverse team of attorneys available to you, you can rest assured that your individual needs will be met at every turn.
Litigation Expertise for Trial & Appellate Courts

Whether you’re fighting a legal battle in a traditional court setting or arbitration, we’ll make sure you’re prepared.
Decades of Experience on Your Side
When it comes to the legal profession, you can never underestimate the importance of experience. Put ours on your side.

We Abide By Standards of Excellence Get to Know the Minds Behind Wood Litigation

Our team is determined in achieving results for our clients by implementing the best strategies we have in our arsenal.

Meet the team