Learn About the California Disability Laws

January 29, 2024

California sets a leading standard in enacting laws that protect and empower individuals with disabilities. With a comprehensive suite of regulations, the state aims to ensure that people with disabilities can lead independent and full lives, enjoying equal access and opportunities across various spheres. These protections span employment, education, housing, and public accommodations, providing a legal framework that supports accessibility and non-discrimination. Understanding these laws is crucial for both individuals with disabilities and organizations that serve the public, as compliance and awareness can significantly impact the quality of life and inclusivity within the community.

The Americans with Disabilities Act (ADA) serves as the foundational federal law from which California derives much of its legislative ethos regarding disability rights. However, the state has also developed specific provisions that address the needs and rights of its residents. For instance, the Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA) enhance protections beyond those offered by the ADA. Recognizing that nearly one-quarter of California’s adult population lives with a disability, these laws underscore the public policy of ensuring accessibility and equality for all Californians, with or without disabilities.

With legal structures in place to mitigate challenges such as poverty, unemployment, discrimination, and abuse that individuals with disabilities may face, California law extends its safeguards to improve societal awareness and integration. Knowledge of these laws, including what constitutes a disability in the California context, is not only beneficial but imperative for those seeking to uphold the rights of people with disabilities and for individuals advocating for their own rights and accommodations. This understanding helps in fostering a culture of empowerment and respect for diversity within the state’s communities.

Overview of California Disability Laws

California has set a series of laws and regulations focused on protecting the rights and ensuring the access and integration of individuals with disabilities into society. These laws cover various aspects of life, including physical, digital, and employment accessibility.

Key State Laws:

The California Fair Employment and Housing Act (FEHA): Provides protection from discrimination in employment, housing, and public accommodations.
The Unruh Civil Rights Act: Guarantees equal access to public facilities and accommodations.
The Lanterman Developmental Disabilities Services Act: Establishes the right to services and supports for people with developmental disabilities.

Federal Laws Applicable in California:

Americans with Disabilities Act (ADA): Ensures equal opportunity for individuals with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation.
Section 504 of the Rehabilitation Act: Prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Enforcement and Advocacy: Entities such as the California Department of Rehabilitation and the Disability Rights Bureau within the State of California Department of Justice address issues and enforce regulations concerning disability rights.

The state also provides informational resources such as Disability Rights California that offers a comprehensive explanation of individuals’ rights under both state and federal laws and the means to enforce them. Through legislation and advocacy, California aims to support residents with disabilities to lead full and independent lives.

Employment Protections

In California, individuals with disabilities are afforded specific protections within the workplace. These legal safeguards aim to ensure fair treatment, prevent discrimination, and mandate reasonable accommodations.

Fair Employment and Housing Act

The California Fair Employment and Housing Act (FEHA) outlaws harassment and discrimination in employment. It applies to public and private employers, as well as labor organizations and employment agencies. FEHA also requires employers to provide reasonable accommodations for employees with disabilities unless doing so would produce undue hardship to the operation of the business.

California Family Rights Act

The California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of job-protected leave in a 12-month period for serious health conditions or to care for a family member with a serious health condition. The CFRA makes it illegal for an employer to refuse to grant a request for a disability leave (if the employee is otherwise eligible).

Workers’ Compensation Laws

Workers’ Compensation Laws in California are designed to provide benefits to employees who get injured or develop an illness due to their job. Regardless of who was at fault, these laws ensure employees receive compensation for medical expenses, lost wages, and rehabilitation costs.

Reasonable Accommodation Requirements

California employers are required to provide reasonable accommodation for employees with disabilities. This may include making existing facilities accessible, job restructuring, offering part-time or modified work schedules, or acquiring or modifying equipment. An employer’s failure to comply with these requirements can be construed as discrimination under state law.

Public Accommodations and Access

California legislation mandates inclusive access for individuals with disabilities, ensuring equal participation in public life. These laws impact various areas including building accessibility, civil rights, and specific accommodations for individuals with disabilities.

The California Building Code

California’s Building Standards Code, also known as Title 24, stipulates that all new construction and alterations of existing buildings must meet accessibility standards. These precise regulations help to remove barriers and make buildings and facilities accessible to all.

Unruh Civil Rights Act

The Unruh Civil Rights Act protects individuals from discrimination by all business establishments in California, regardless of their size. It ensures that people with disabilities have the same right as the general public to the full and free use of streets, highways, sidewalks, walkways, public buildings, medical facilities, and other public places.

California Disabled Persons Act

California’s Disabled Persons Act further extends protections, guaranteeing that individuals with disabilities have the same access to public places as the general population. This act covers a wide range of rights, from parking spaces to the use of service animals.

Rights to Housing

In California, individuals with disabilities are afforded specific protections and rights concerning housing. These legal frameworks are designed to prevent discrimination and promote equitable access to housing.

Fair Housing Amendments Act

The Fair Housing Amendments Act (FHAA) specifically prohibits discrimination in housing against people with disabilities. Under the FHAA, it is unlawful for landlords and housing providers to:

Refuse to rent or sell to persons with disabilities.
Impose different terms or conditions on tenants with disabilities.
Fail to provide reasonable accommodations necessary for persons with disabilities to have equal opportunity to use and enjoy a dwelling.

For more information about the enforcement of these rights, you can visit the resource at Disability Rights California.

California Tenant Rights

California state law further reinforces the rights of tenants with disabilities. Below are key provisions from the California Fair Employment and Housing Act (FEHA):

Landlords must allow reasonable modifications to existing premises for persons with disabilities, if necessary.
Tenants with disabilities can seek verification letters as proof for the need for reasonable accommodations in housing.
Landlords may not inquire about a potential tenant’s disability status.

Detailed information on these tenant rights can be accessed at DREDF’s publication.