1. Feha and Ada Coverage Standards
State and federal disability laws overlap but use different coverage rules. Government Code § 12926 defines disability broadly, while the ADA retains a “substantially limits” standard that federal law directs courts to construe broadly.
Employer Size and Disability Definitions
| Framework | Employer Coverage | Disability Standard |
|---|---|---|
| FEHA | Generally 5 or more employees | A condition that limits a major life activity; “limits” includes making the activity difficult. |
| ADA Title I | Generally 15 or more employees | An impairment that substantially limits a major life activity, a record of such impairment, or qualifying “regarded as” coverage. |
Accommodation and Interactive Process Duties
- Reasonable accommodation: Government Code § 12940(m) requires accommodation for a known physical or mental disability unless the employer proves undue hardship.
- Interactive process: Section 12940(n) requires a timely, good-faith process to identify effective accommodations in response to a qualifying request.
- Medical information: Employee medical inquiries must satisfy applicable job-related and business-necessity standards.
Failure to engage in the interactive process is distinct from failure to accommodate. Appellate authority also requires an available reasonable accommodation that the process could have produced.
For broader claims involving protected workplace characteristics, review Employment Discrimination.
2. Administrative Filing and Court Deadlines
Administrative exhaustion usually comes before a private employment lawsuit. State and federal filing periods differ, and a right-to-sue notice starts a separate deadline for filing the civil action.
Key Filing Periods
| Route | Administrative Deadline | Civil Action Deadline |
|---|---|---|
| FEHA / CRD | Generally 3 years from the alleged unlawful practice under Government Code § 12960. | Generally 1 year from the CRD right-to-sue notice under § 12965. |
| ADA / EEOC | Generally 300 days where the extended federal deadline applies. | Generally 90 days after receipt of the federal right-to-sue notice. |
EEOC and state fair-employment agencies use worksharing arrangements that may allow dual filing. The charge should still describe the conduct supporting each claim.
Forum and Venue Rules
Agency choice does not automatically decide the final court forum. A FEHA action may proceed in superior court after the required right-to-sue process, while an ADA claim can support federal-question jurisdiction.
- State venue: Government Code § 12965 identifies counties connected to the alleged practice, relevant records, the place the employee would have worked, and certain defendant locations.
- Federal venue: ADA Title I incorporates 42 U.S.C. § 2000e-5, which looks to where the alleged practice occurred, relevant records are maintained, or the employee would have worked.
If the dispute also involves discharge, review Wrongful Termination.
3. Remedies and Settlement Restrictions
Available relief depends on the claim asserted. FEHA does not use the federal statutory cap on compensatory and punitive damages, although punitive damages require the separate proof required by Civil Code § 3294.
State and Federal Remedy Differences
| Remedy | Feha | Ada Title I |
|---|---|---|
| Back pay and equitable relief | Back pay, front pay, reinstatement, hiring, promotion, or accommodation may be available. | Back pay and authorized equitable relief may be available. |
| Emotional distress | No FEHA statutory damages cap. | Included within federal compensatory-damages caps. |
| Punitive damages | Potentially available against qualifying private defendants; public entities are exempt under Government Code § 818. | Subject to federal limits and unavailable against governments and political subdivisions. |
| Federal cap | No comparable FEHA statutory cap. | $50,000 to $300,000 for covered compensatory and punitive damages, depending on employer size. |
Confidentiality and Non-Disparagement Terms
Code of Civil Procedure § 1001 restricts settlement terms barring disclosure of factual information concerning specified filed discrimination, harassment, or retaliation claims. Settlement amounts may remain confidential. Government Code § 12964.5 separately limits certain nondisparagement and separation-agreement provisions.
For related civil litigation involving discrimination claims, review Discrimination Litigation.
4. Public Employers Require Claim-by-Claim Analysis
Public employment requires separating FEHA exhaustion from the Government Claims Act. Published appellate authority holds that FEHA employment-discrimination claims are not subject to the Act’s general claim-presentation requirement.
Different Claims Can Carry Different Notice Rules
- A FEHA cause of action follows CRD exhaustion and right-to-sue procedures rather than an additional six-month tort-claim presentation rule.
- Separate tort or other state-law claims against a public entity may independently trigger Government Claims Act requirements.
- Federal employees use a separate federal-sector EEO process and generally must contact an agency EEO counselor within 45 days.
5. Frequently Asked Questions
How long do employees have to file a disability discrimination complaint?
A FEHA complaint generally must be filed within three years of the alleged unlawful practice. An ADA charge generally has a 300-day filing period where the extended federal deadline applies.
Is failure to engage in the interactive process a separate claim?
Yes. Government Code § 12940(n) creates a distinct duty, but appellate authority also requires an available reasonable accommodation that the process could have produced.
Does a public employee need a six-month government claim for a FEHA case?
Not for the FEHA cause of action itself. Separate tort or other claims against the same public entity may have different notice requirements.
Are disability discrimination damages always uncapped?
No. FEHA has no federal-style statutory cap on compensatory and punitive damages, but other legal limits apply. Federal law caps specified compensatory and punitive damages by employer size.
6. When Legal Review May Be Appropriate
A disability discrimination claim should be reviewed for employer coverage, the accommodation record, administrative deadlines, available remedies, and the correct filing route. Public-employer cases may also require claim-by-claim analysis of separate notice rules.
SJKP attorneys can evaluate these issues before an agency complaint or lawsuit is filed. Contact SJKP Law Firm to discuss a workplace disability dispute.
23 Sep, 2026
