Disability Harassment

Disability harassment occurs when an employee is subjected to offensive conduct, mistreatment, or a hostile work environment because of a physical or mental disability, medical condition, or perceived disability. California law protects employees with disabilities and requires employers to provide a workplace free from harassment and discrimination.

Harassment becomes unlawful when it is severe or pervasive enough to interfere with an employee’s ability to perform their job or creates an intimidating, hostile, or abusive work environment.

Common Examples of Disability Harassment

Disability harassment can take many forms, including:

• Mocking, teasing, or making offensive remarks about a disability

• Derogatory comments about medical conditions or mental health

• Treating an employee as incapable because of a disability

• Isolation, exclusion, or bullying at work

• Harassment after requesting a reasonable accommodation

• Increased scrutiny, discipline, or hostility due to a disability

Harassment may come from supervisors, coworkers, or even clients or customers.

Failure to Accommodate Disabilities

In addition to harassment protections, California law requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship.

Reasonable accommodations may include:

• Modified work schedules or duties

• Remote work or adjusted workspaces

• Assistive technology or equipment

• Medical leave or flexibility for treatment

An employer’s refusal to engage in the interactive process or denial of reasonable accommodations may violate the law.

Hostile Work Environment Based on Disability

A hostile work environment exists when disability-related harassment is ongoing or particularly severe. Even conduct that seems subtle or dismissive can become illegal when repeated or ignored by management.

Employers may be held liable if they knew or should have known about the harassment and failed to take prompt corrective action.

Retaliation for Disability Complaints Is Illegal

Employees are protected from retaliation for:

• Reporting disability harassment

• Requesting accommodations

• Taking medical leave

• Participating in investigations or legal claims

Retaliation can include termination, demotion, reduced hours, disciplinary actions, or intimidation—and it is a separate violation of the law.

What Should You Do If You’re Experiencing Disability Harassment?

If you believe you are being harassed because of a disability or medical condition, consider taking these steps:

1. Document the conduct, including dates, details, and witnesses

2. Preserve emails, messages, or written communications

3. Report the issue internally if it is safe to do so

4. Consult with an experienced employment attorney

You should not have to choose between your health and your job.

How Jonny Law Can Help

Disability harassment and accommodation cases can be legally complex, particularly when employers dispute whether a condition qualifies as a disability or claim accommodations are unreasonable. Our firm advocates for employees by carefully evaluating each case and holding employers accountable under California law.

We assist clients by:

• Investigating disability harassment and discrimination claims

• Addressing failures to accommodate

• Protecting employees from retaliation

• Pursuing compensation for lost wages, emotional distress, and other damages

If your workplace has become hostile due to disability harassment or denial of accommodations, legal guidance can help you protect your rights and your future.