Federal laws like the ADA provide a national floor for disability rights, but many states go further. State laws may cover smaller employers, provide additional protections, offer stronger remedies, or address issues federal law doesn't reach.
This page covers how state disability rights laws work and highlights important variations.
State and federal laws coexist:
- Federal law sets a minimum standard
- States can provide more protection, but not less
- Some state laws are broader than federal equivalents
- State agencies may enforce both state and federal laws
When multiple laws could apply, you can often choose the most favorable:
- File under state law if it offers better protection
- File under federal law if state law is weaker
- Sometimes file under both simultaneously
- An attorney or advocate can help determine the best strategy
¶ Areas Where State Laws Often Expand Protection
The ADA only covers employers with 15+ employees. Many states cover smaller employers:
States covering employers with 1+ employees:
- Most states have some threshold lower than 15
- Check your state's specific requirements
States with strong protections:
- California (FEHA): Covers employers with 5+ employees; broader definition of disability
- New York: Covers employers with 4+ employees
- New Jersey: Covers all employers regardless of size
- Massachusetts: Covers employers with 6+ employees
State and local fair housing laws may:
- Cover smaller housing providers
- Provide additional protected characteristics
- Have stronger enforcement mechanisms
- Require more accessibility features in new construction
Some states expand public accommodation laws:
- California (Unruh Civil Rights Act): Broad protections, significant statutory damages
- New York: Strong protections and enforcement
- Some states include websites more explicitly than federal law
Some states have stronger mental health parity laws than the federal MHPAEA:
- Broader definition of covered conditions
- Stronger enforcement mechanisms
- Additional coverage requirements
State laws on service animals vary:
- Some follow ADA definition closely
- Some have broader definitions (e.g., allowing emotional support animals in more settings)
- Some have specific training or certification requirements
- Some add criminal penalties for misrepresentation
Some states have building codes exceeding ADA requirements:
- California (CBC Chapter 11B): Often stricter than ADA
- Requirements for visitability in new housing
- Additional features in public buildings
Key Laws:
- Fair Employment and Housing Act (FEHA): Covers employers with 5+ employees; broader disability definition
- Unruh Civil Rights Act: Public accommodations; allows statutory damages
- California Building Code: Often stricter than ADA
Notable Features:
- Broader definition of disability than federal law
- Stronger remedies and damages
- Active enforcement through Department of Civil Rights
- Private right of action with potential attorney's fees
Filing Complaints: California Civil Rights Department (CRD)
Key Laws:
- New York Human Rights Law: Covers employers with 4+ employees
- New York City Human Rights Law: Even broader (covers employers with 4+ employees, broader protections)
Notable Features:
- NYC law is among the most protective in the country
- Broad interpretation of disability
- Strong enforcement through Division of Human Rights
Filing Complaints: NYS Division of Human Rights or NYC Commission on Human Rights
Key Laws:
- Texas Labor Code Chapter 21: Mirrors ADA in most ways
- Covers employers with 15+ employees
Notable Features:
- Generally follows federal law closely
- Texas Workforce Commission handles complaints
- Some local ordinances may add protections
Filing Complaints: Texas Workforce Commission Civil Rights Division
Key Laws:
- Florida Civil Rights Act: Covers employers with 15+ employees
- Generally mirrors federal law
Notable Features:
- Florida Commission on Human Relations handles complaints
- Some local jurisdictions have stronger protections
Filing Complaints: Florida Commission on Human Relations
Key Laws:
- Illinois Human Rights Act: Covers employers with 15+ employees (1+ for disability discrimination related to harassment)
Notable Features:
- Illinois Human Rights Commission handles complaints
- Reasonable accommodation required
Filing Complaints: Illinois Department of Human Rights
Key Laws:
- Pennsylvania Human Relations Act: Covers employers with 4+ employees
Notable Features:
- Lower employer threshold than federal
- Pennsylvania Human Relations Commission handles complaints
Filing Complaints: Pennsylvania Human Relations Commission
Key Laws:
- Massachusetts General Laws Chapter 151B: Covers employers with 6+ employees
Notable Features:
- Lower employer threshold
- Strong anti-discrimination enforcement
- Massachusetts Commission Against Discrimination handles complaints
Filing Complaints: Massachusetts Commission Against Discrimination (MCAD)
Key Laws:
- Washington Law Against Discrimination (WLAD): Covers employers with 8+ employees
Notable Features:
- Lower threshold than federal
- Strong protections and enforcement
- Washington State Human Rights Commission handles complaints
Filing Complaints: Washington State Human Rights Commission
¶ State Vocational Rehabilitation and Benefits
Each state administers:
State VR agencies provide employment services to disabled people:
- Job training and placement
- Assistive technology
- Education support
- On-the-job training
Finding Your State VR Agency: Search "[your state] vocational rehabilitation" or visit the Rehabilitation Services Administration website.
Some states have additional disability programs beyond federal SSI/SSDI:
- State Supplemental Programs (SSP): Some states supplement federal SSI
- State disability insurance: California, Hawaii, New Jersey, New York, Rhode Island have short-term disability insurance
- State-specific programs: Vary widely
Medicaid is jointly federal-state, so coverage varies:
- Eligibility thresholds
- Covered services
- Waiver programs for home and community-based services
- Spend-down rules
Check your state: Every state's Medicaid program is different.
- Identify the right agency: Usually a Human Rights Commission, Civil Rights Department, or similar
- Check deadlines: State deadlines often differ from federal (may be shorter or longer)
- File the complaint: Most agencies allow online, mail, or in-person filing
- Investigation: Agency investigates and may attempt mediation
- Resolution: Possible outcomes include settlement, hearing, or case closure
Many state agencies have worksharing agreements with federal agencies (EEOC, HUD):
- Filing with one may automatically file with the other
- Ask when you file
- This preserves your options under both laws
- State Protection & Advocacy organizations: Free assistance
- Legal Aid: Income-based free legal help
- State bar referral services: Can connect you with disability rights attorneys
- Disability rights organizations: Many provide information and advocacy
Many cities and counties have their own disability rights protections:
- New York City: NYC Human Rights Law is broader than state and federal law
- San Francisco: Strong local disability protections and enforcement
- Seattle: Additional protections beyond Washington state law
- Chicago: Local human rights ordinance
- Check your city/county human rights commission
- Contact local disability rights organizations
- Legal Aid can help identify applicable laws
Some state laws address multiple forms of discrimination:
- Race and disability: Compounded discrimination protections
- Sex and disability: Pregnancy-related disability protections in some states
- LGBTQ+ and disability: States with SOGI protections also protect LGBTQ+ disabled people
Check your state law. Many states cover employers smaller than 15 employees. You may be protected even if the ADA doesn't apply.
Consider:
- Which law provides stronger protections?
- Which has better enforcement in your area?
- What are the deadlines?
- What remedies are available?
An attorney or P&A can help decide. You may be able to file both.
Contact your state's disability rights/P&A organization. They can explain what laws apply and help you file complaints.
Connect with disability rights organizations in your state. Many work on state legislation and welcome community involvement.
State Protection & Advocacy (P&A) organizations exist in every state and territory. They provide legal assistance and advocacy on disability rights issues.
ADAPT chapters in many states advocate for disability rights legislation.
State Independent Living Councils and Centers for Independent Living work on policy issues.
Disability-specific organizations (autism, developmental disabilities, mental health, etc.) advocate on state legislation.
- Legal Aid by location: lawhelp.org
- State bar lawyer referral services
- Disability rights law firms in your area
Know about your state's disability rights laws? Have experience filing state complaints? Work in disability policy in your state?
Share your knowledge: Contribution Form
We especially welcome:
- Specific information about state laws
- Experiences with state enforcement agencies
- Information about local ordinances
- Updates on new state legislation
This page centers disabled people's expertise. State disability rights protections exist because disabled people in each state organized and advocated for them.
Last updated: November 2025