Disability Discrimination Lawyer in Modesto
Ensuring Modesto employees with disabilities receive reasonable accommodations and fair treatment.
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Modesto is the heart of Stanislaus County, powered by agriculture, healthcare, logistics, and manufacturing. Workers in the Central Valley face disability discrimination every day when employers refuse reasonable accommodations, deny medical leave, or terminate workers because of physical or mental disabilities. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they violate the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).
If your employer has denied you a reasonable accommodation, fired you because of your disability, or failed to engage in the interactive process, you have legal rights. This page explains how disability discrimination claims work in Modesto, what deadlines apply, and how Setareh Law Group can help you fight for your rights.
Key Information for Modesto Workers Facing Disability Discrimination
- Most common disability discrimination claims in Modesto: denial of accommodation in agriculture, termination after injury in warehouses, and failure to reinstate in healthcare.
- Where cases are filed: Stanislaus County Superior Court 800 11th St, Modesto, CA 95354.
- Statute of limitations for FEHA claims: Three years to file with the Civil Rights Department (CRD) under California Government Code § 12960.
Our Office Location Serving Modesto Remotely
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 300 miles from Modesto. We represent Modesto workers through phone, video conferencing, and in‑person meetings at the Stanislaus County Superior Court or by appointment. We serve all of California from this single physical office.
Firm Background at a Glance
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar Number 204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout California in disability discrimination, reasonable accommodation denials, medical leave violations, wrongful termination, and retaliation cases. You can verify his bar status through the State Bar of California attorney search.
Major Employers in Modesto
Employer | Industry | Modesto Area Employees |
Stanislaus County Government | Government | 5,000+ |
Doctors Medical Center | Healthcare | 1,500+ |
Gallo Winery | Food Processing | 2,000+ |
Amazon Modesto | Logistics | 3,000+ |
Modesto City Schools | Education | 3,000+ |
What Is Disability Discrimination Under California Law?
Disability discrimination occurs when an employer treats an employee unfavorably because of a physical or mental disability, a history of disability, or because the employer perceives the employee as having a disability. The California Civil Rights Department (CRD) enforces FEHA.
What the law prohibits
- Refusing to hire a qualified individual because of a disability
- Terminating an employee because of a disability or medical condition
- Denying a reasonable accommodation that would allow the employee to perform their job
- Failing to engage in the interactive process to discuss possible accommodations
- Harassing an employee because of their disability
- Retaliating against an employee for requesting accommodation
Under FEHA, disability is broadly defined and includes physical conditions, mental health conditions, and medical conditions. A disability discrimination lawyer in Modesto can help you understand whether your condition qualifies. For more information, see our disability discrimination lawyer and ADA discrimination attorney in California pages.
Americans With Disabilities Act (ADA) Explained
The ADA is a federal law that prohibits disability discrimination. While FEHA provides broader protections, the ADA is still relevant for certain claims. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA.
Key provisions of the ADA
- Protects qualified individuals with disabilities
- Applies to employers with 15 or more employees
- Requires reasonable accommodations that do not cause undue hardship
- Prohibits discrimination in hiring, firing, promotion, and other employment decisions
Limitations of the ADA
- Does not apply to employers with fewer than 15 employees
- Has a shorter deadline of 300 days to file with the EEOC
- Defines disability more narrowly than FEHA
A disability discrimination lawyer in Modesto can help you decide whether to file under FEHA, the ADA, or both.
California Fair Employment and Housing Act (FEHA) for Disability
FEHA provides stronger protections for disabled workers than federal law. Most disability discrimination claims in Modesto are filed under FEHA.
Why FEHA is better for disability claims
- Applies to employers with 5 or more employees (much broader than ADA)
- Defines disability more broadly including mental health conditions and medical conditions
- Requires employers to provide reasonable accommodations
- Requires employers to engage in the interactive process
- Prohibits discrimination based on perceived disability even if no disability exists
- Has a longer 3 year deadline to file with the CRD
Because FEHA offers broader protections, a disability discrimination lawyer in Modesto will typically file under FEHA first.
What Is a Physical or Mental Disability Under FEHA?
FEHA defines disability broadly to protect as many workers as possible. Understanding what qualifies as a disability is important for your claim.
Physical disabilities include
- Mobility impairments requiring wheelchairs, walkers, or other devices
- Chronic conditions such as diabetes, epilepsy, arthritis, and back conditions
- Cancer and other serious illnesses
- Heart conditions and respiratory disorders
- HIV and AIDS
- Hearing and vision impairments
Mental disabilities include
- Depression and anxiety disorders
- Bipolar disorder
- Post traumatic stress disorder (PTSD)
- Schizophrenia and other psychiatric conditions
- Learning disabilities
What Is a Reasonable Accommodation?
A reasonable accommodation is a change to the work environment or job duties that allows an employee with a disability to perform their essential job functions.
Common types of reasonable accommodations include
- Modified work schedules or part time arrangements
- Ergonomic equipment such as standing desks, specialized chairs, or voice activated software
- Additional breaks or time off for medical appointments
- Reassignment to a vacant position
- Leave under CFRA or FMLA
- Modified job duties or restructuring of tasks
- Accessible parking or workspaces
- Sign language interpreters or other communication aids
Employers cannot refuse a reasonable accommodation simply because it is inconvenient or costly. An employer may refuse only if the accommodation would cause undue hardship meaning significant difficulty or expense.
What Is the Interactive Process?
The interactive process is a good faith discussion between the employer and employee about possible accommodations. Under FEHA, employers have a legal duty to engage in the interactive process.
Requirements of the interactive process
- Employer must respond promptly to an accommodation request
- Employer must discuss possible accommodations with the employee
- Employer cannot simply deny the request without discussion
- Employer may request reasonable medical documentation
- Employer must consider the employee’s preferred accommodation
Examples of interactive process violations
- Employer ignores the accommodation request entirely
- Employer denies the request without any discussion
- Employer demands excessive medical documentation
- Employer terminates the employee instead of discussing accommodations
Failing to engage in the interactive process is a separate violation of FEHA. A disability discrimination lawyer in Modesto can help you pursue this claim. See our ADA accommodations at work page for more information.
Examples of Disability Discrimination in Modesto
Modesto workers face disability discrimination across many industries. Recognizing these examples can help you identify discrimination in your workplace.
Agriculture industry disability discrimination
A farmworker develops a back injury and requests light duty work. The employer denies the request and terminates the worker. The employer does not discuss any possible accommodations. This is disability discrimination.
Logistics and warehouse disability discrimination
A warehouse worker requests a standing desk for a back condition. The employer ignores the request and continues to require the worker to stand for full shifts. The worker eventually resigns because of pain. This is failure to accommodate.
Healthcare disability discrimination
A nurse requests intermittent leave for anxiety disorder. The hospital denies the request and places the nurse on a performance improvement plan. The nurse is terminated after requesting leave. This is disability discrimination and retaliation.
Retail disability discrimination
A retail worker requests a stool to sit during long cashier shifts because of a knee condition. The employer refuses saying sitting looks unprofessional. The worker is eventually terminated for poor performance. This is disability discrimination.
How Does Someone Prove Disability Discrimination?
Proving disability discrimination requires evidence. Your lawyer will help you gather the evidence needed to show that your employer discriminated against you.
Types of evidence that prove disability discrimination
- Medical records documenting your disability and need for accommodation
- Emails or texts showing your employer refused accommodation requests
- Performance reviews that were positive before your disability and negative after
- Timing evidence showing you were terminated shortly after requesting accommodation
- Witness statements from coworkers who saw discrimination
- Evidence that your employer accommodated other employees with disabilities
You do not need to have all this evidence before calling a lawyer. A disability discrimination lawyer in Modesto can help you gather evidence. See our what evidence do I need to sue my employer page.
Statute of Limitations for Disability Discrimination Claims
Disability discrimination claims have strict deadlines. Missing your deadline permanently bars you from suing your employer.
Deadlines for disability discrimination claims
- FEHA claim with the Civil Rights Department (CRD): 3 years from the discriminatory act under Government Code Section 12960
- ADA claim with the EEOC: 300 days from the discriminatory act
- Lawsuit after right to sue notice: 1 year from the date the CRD issues a right to sue notice
Do not wait to contact a disability discrimination lawyer in Modesto. Evidence disappears and deadlines pass quickly.
What Damages Can You Recover for Disability Discrimination?
California law allows disability discrimination victims to recover significant damages. Unlike federal law, FEHA has no cap on emotional distress or punitive damages.
Types of compensation available
- Lost wages and benefits including all wages, bonuses, health insurance, and retirement contributions
- Front pay for future lost wages if you cannot return to your former job
- Emotional distress damages for anxiety, depression, humiliation, and sleep loss
- Punitive damages to punish your employer for malicious conduct
- Attorney fees and court costs which your employer pays if you win
- Reinstatement to your former position
Setareh Law Group has recovered over one billion dollars for California workers, including millions in disability discrimination cases. See our average disability discrimination settlement page.
Local Resources for Disability Discrimination in Modesto
Fact 1 The Stanislaus County Superior Court at 800 11th St, Modesto, CA 95354 handles civil employment cases for Modesto and all of Stanislaus County. The courthouse is located in downtown Modesto.
Fact 2 The nearest DLSE Labor Commissioner office for Modesto workers is located at 401 12th St, Modesto, CA 95354. This office investigates retaliation complaints and wage claims related to disability discrimination. You can also file a California labor board complaint .
Fact 3 Stanislaus County has a large agricultural workforce with over 20,000 farmworkers. Agricultural workers with disabilities face unique challenges in obtaining reasonable accommodations from employers.
Why Choose Setareh Law Group for Your Modesto Disability Case
- Over one billion dollars recovered for California workers since 1999, including disability discrimination, reasonable accommodation, and retaliation cases.
- 25 plus years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar Number 204514) has practiced exclusively in employment law since 1999.
- Recognized by Super Lawyers, Best Lawyers, and CAALA.
- Licensed in all California federal courts, including the Eastern District of California which covers Modesto.
- Spanish speaking staff available. Hablamos Español.
- Contingency fee means you pay nothing upfront. We only get paid if we win or settle your case.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Disability Discrimination in Modesto
What is an example of discrimination toward someone with a disability?
An employer terminates a worker after they request a standing desk for a back condition. The employer refuses to discuss any alternative accommodations.
How does someone prove disability discrimination in Modesto?
Through evidence including medical records, emails showing refusal to accommodate, timing of termination, and witness statements. A disability discrimination lawyer in Modesto can help.
How does someone win a California disability discrimination case?
By showing they have a disability, requested accommodation or engaged in protected activity, and the employer took adverse action because of the disability.
Do I have a right to disability accommodations at work?
Yes. Under FEHA and the ADA, qualified employees with disabilities have the right to reasonable accommodations that allow them to perform their jobs.
How long does a disability discrimination case take?
Most cases take 12 to 24 months from filing to resolution. Many settle during mediation or after key depositions.
Does Setareh Law Group meet clients in Modesto?
Yes we do. By phone, video, or in person at the Stanislaus County Superior Court or by appointment.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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