San Diego Disability Discrimination Attorney​

Living with a disability, whether you were born with it or developed it later in life, often means facing challenges that others don’t have to think twice about. From daily routines to long-term goals, life can already require extra effort, planning, and resilience. The last place you should have to fight for fairness is at work.

When your employer treats you unfairly because of a disability, such as denying you opportunities, failing to accommodate your needs, or subjecting you to bias or harassment, it’s beyond frustrating. You’ve already had to overcome more than most just to get where you are. To have that hard work undermined by discrimination isn’t just illegal; it’s inhumane.

At Harlan Hillier DiGiacco, we understand that this is more than just a legal issue. It’s personal. Your career, your stability, your dignity matter, and we treat them that way.

If you believe you’ve been discriminated against at work because of a disability, a San Diego disability discrimination lawyer will fight for you. Call us at (619) 330-5120 or fill out our online form for a free, confidential consultation. Let’s talk about what happened and figure out the best way forward together. 

“Andrew and his team helped me get what I deserved! I had filed my case by myself and was completely lost in the system, but they were able to jump right in and answer all of my questions along the way. They cared about my case and supported me through some rough times. The end result was even better than I’d imagined! Definitely would recommend them!!”

– Samantha B. | Client

Disability Discrimination Scenarios a San Diego Disability Discrimination Attorney Can Help You With

In the simplest terms, disability discrimination is when an employer treats a qualified employee or job applicant unfairly because of their disability, or because they are perceived to have a disability. 

Discrimination isn’t always obvious. It can be a subtle slight, a denied opportunity, or an unfair termination. It is a violation of both federal and state laws, which are designed to ensure that people with disabilities have the same opportunities in the workplace as everyone else.

Disability discrimination can take many forms, including:

• Refusal to hire or promote a qualified applicant or employee because of a disability.
• Wrongful termination or demotion related to a disability.
• Harassment or a hostile work environment based on an employee’s disability.
• Unequal pay or benefits compared to employees without disabilities.
• Denying a reasonable accommodation that would allow an employee to perform their job.

The law is clear: employers are prohibited from making decisions based on stereotypes or assumptions about a person’s abilities. A San Diego disability discrimination lawyer can help you determine if the treatment you experienced rises to the level of illegal discrimination under the law.

Watch How Harlan Hillier DiGiacco Recently Won a $9.3M Verdict for a Wrongfully Terminated Client

Harlan Hillier DiGiacco won a $9.3 million verdict for Marilyn Buron, a 69-year-old occupational therapist wrongfully terminated while on family leave to care for her ill son. This landmark case highlights the critical need of employers to respect their workers as human beings with lives, families, and responsibilities beyond the workplace. Watch the video to see how our firm helped Ms. Buron hold her employer accountable.

Understanding the Law: How the ADA Defines “Disability”

While a lot of people think of disabilities in terms of a wheelchair or an obvious physical limitation, the law is actually much broader. The Americans with Disabilities Act (ADA) protects a wide range of physical and mental conditions. Under the ADA, a person has a “disability” if they meet one of three criteria:

1. They have a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, hearing, thinking, sleeping, or working).
2. They have a history or record of such an impairment (even if they have since recovered, such as from a past cancer diagnosis).
3. They are “regarded as” having such an impairment by their employer (meaning the employer acts based on a belief that the employee has a disability, even if they don’t).

This last point is crucial and often overlooked. You don’t have to actually have a disability to be protected. If your employer fires you because they think you have a condition that will limit your ability to do your job, that can still be a form of illegal discrimination. 

An experienced disability discrimination attorney in San Diego is your best resource for understanding how these definitions apply to your specific circumstances.

Discrimination Disability Laws in San Diego

While the federal ADA provides important protections, it’s essential to know that California state law offers even greater safeguards for employees and consumers. A knowledgeable disability discrimination lawyer in San Diego understands the nuances of all the laws that apply in your case and can determine which one offers you the best path forward. Here are some of the key California laws that provide protection:

• The Fair Employment and Housing Act (FEHA): This is the primary law protecting employees from workplace discrimination in San Diego. FEHA’s definition of what constitutes a “disability” is broader and more inclusive than the ADA’s. For example, under FEHA, an impairment only needs to limit a major life activity, not “substantially limit” it. FEHA also explicitly protects individuals from discrimination based on both physical and mental disabilities, including a history of or a perception of having a disability. 
• The Unruh Civil Rights Act: This law prohibits discrimination by all business establishments in California. While FEHA primarily covers employment, the Unruh Civil Rights Act protects against discrimination in a wide range of public spaces, including stores, hotels, restaurants, and other public accommodations. 
• The California Disabled Persons Act (CDPA): The CDPA reinforces the right of individuals with disabilities to full and equal access to public places and accommodations. It also gives individuals the right to sue for damages if they have been denied access or have faced discrimination. 

A San Diego Failure to Accommodate Lawyer Will Defend Your Right to a Safe Workplace

One of the most important components of disability discrimination law is the concept of a “reasonable accommodation.” The law requires that employers provide accommodations to employees with disabilities, as long as it does not cause an “undue hardship” on the business. 

Essentially, a reasonable accommodation is a change or adjustment to a job, work environment, or the way things are usually done that enables an individual with a disability to perform their job.

Examples of common reasonable accommodations include:

• Providing a modified work schedule or flexible hours.
• Acquiring or modifying equipment or devices, such as a specialized chair or a screen reader.
• Making the workplace accessible (e.g., modifying a restroom or providing a ramp).
• Transferring an employee to an open position that better suits their abilities.
• Modifying job duties or providing a different workstation.

It is a form of illegal discrimination when an employer refuses to provide a reasonable accommodation after an employee has made a request, especially if doing so would not cause them significant difficulty or expense. 

A San Diego failure to accommodate attorney can help you fight for the accommodations you are entitled to and hold your employer accountable for their refusal by proving the following:

• You informed your employer about your disability
• You requested a specific, reasonable accommodation
• Your employer failed to provide the accommodation or refused to engage in the process

If something feels wrong, it probably is. You don’t have to wait for things to get worse before reaching out. Whether you’ve been denied a reasonable accommodation, unfairly disciplined, or treated differently because of a disability, we’re here to listen and help. Call (619) 330-5120 or contact us online for a 100% free case review.

How a San Diego Disability Discrimination Attorney Builds Your Case

When you’ve been wronged, it can feel like your employer has all the power. They have legal teams, HR departments, and access to all the company documents you need to prove your case.

At Harlan Hillier DiGiacco, it’s our responsibility to relieve your worries and help you stand up to your employer with the law backing you. We do this by building a strong, comprehensive case from the ground up.

A San Diego failure to accommodate attorney will: 

Establish the Basis of Your Disability Claim

We’ll work to legally establish that you have a protected disability under state or federal law and that your employer was aware of your condition. This is a critical first step because it puts you in a legally protected class and is the foundation of your case.

Gather and Analyze Evidence to Back Up Your Case

We’ll work with you to create a clear, chronological record of every conversation, email, and action related to your disability and the adverse employment decision. Our team will examine your employee file, performance reviews, and company handbooks to uncover any inconsistencies. Often, the discrimination is hidden behind a seemingly legitimate reason, or a “pretext.” For example, a lawyer knows to look for a termination that happened just days after an employee requested a reasonable accommodation, a sure sign of a failure to accommodate disability.

Proactively Counter the Employer’s Defenses

Employers rarely admit to discrimination. Instead, they will almost always try to justify their actions by claiming they had a legitimate, non-discriminatory reason for their decision, such as poor job performance or violating a company policy. We are prepared for this. We will dig into your job performance history and disciplinary record and compare it to how the company has treated other employees. 

We’ll ask key questions: were you suddenly written up for issues that were never mentioned before? Were other employees with similar performance issues treated the same way? By exposing a pattern of unfair treatment, we can prove that your employer’s stated reason was just a cover-up for illegal discrimination.

Failure to Accommodate Settlements: Compensation and Remedies We Fight For

Experiencing disability discrimination at work isn’t just about lost income or missed opportunities. It’s about the very real emotional toll of being treated unfairly for something you cannot change. When your workplace adds to that struggle instead of supporting you, the damage runs deep.

The types of compensation and relief you may be entitled to include:

• Back Pay: Compensation for wages and benefits you lost from the time you were discriminated against until the resolution of your case.
• Front Pay: Compensation for future lost wages if you are unable to be reinstated to your job.
• Emotional Distress: Damages for the emotional pain, anxiety, and suffering you endured because of the discrimination.
• Punitive Damages: In cases where an employer’s conduct was malicious or particularly egregious, a court may award punitive damages to punish them and to deter others from acting similarly.
• Legal Fees: In many cases, the law allows a successful plaintiff to recover their attorney fees and litigation costs.

While some cases go to trial, many are resolved through careful negotiation. At Harlan Hillier DiGiacco, we know how to value your case and how to fight for a result that truly reflects what you’ve been through. 

In fact, holding out for a better settlement can make a significant difference. According to a Martindale-Nolo study, individuals who negotiated rather than accepting the first offer received, on average, $30,700 more in compensation than those who didn’t. That’s the power of having an experienced lawyer, who will know when to negotiate for more.

Why Hire Harlan Hillier DiGiacco

Disability discrimination isn’t just a legal issue; it’s a violation of your dignity, your rights, and your hard-earned place in the workplace. You deserve more than just representation. You deserve a team that listens, understands, and shows up for you.

At Harlan Hillier DiGiacco, we bring years of focused experience in employment law and a track record of standing up to employers who violate the rights of workers with disabilities. We’ve handled hundreds of employment cases across San Diego and throughout California, always keeping our clients first. 

You’ve already done the hard part by enduring discrimination. Let us take it from here. Call Harlan Hillier DiGiacco at (619) 330-5120 or fill out our quick online form for a free, confidential consultation. Let’s talk about what happened, and about how we can help make things right.

Proudly Representing San Diego Residents

San Diego Disability Discrimination FAQs