California Disability Rights for Misophonia
Fair Employment and Housing Act (FEHA)
California's FEHA provides broader protections than the ADA in several key ways:
Broader Definition of Disability
FEHA defines disability as any condition that:
- Limits a major life activity (similar to ADA)
- OR has a record of such a limitation
- OR is regarded or treated as having such a limitation
Employer Size
- ADA: Applies to employers with 15+ employees
- FEHA: Applies to employers with 5+ employees
Accommodation Process
California law requires employers to:
- Initiate the interactive process upon learning of a potential disability
- Explore all possible accommodations, even if not specifically requested
- Provide written explanation if accommodations are denied
Filing a Complaint in California
If your rights are violated:
Workplace Issues:
- File with CA Civil Rights Department (CRD)
- 3-year statute of limitations (vs. 180-300 days for EEOC)
- Can pursue both CRD and EEOC simultaneously
Education Issues:
- File with U.S. Department of Education OCR
- File with CA Department of Education
Information current as of January 2025. Consult a California attorney for current legal advice.