U.S. State Disability Rights Laws

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.

How State Laws Work With Federal Laws

The Relationship

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

Which Law Applies?

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

Employment: Smaller Employers

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

Housing: Stronger Fair Housing Laws

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

Public Accommodations: Broader Coverage

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

Mental Health Parity

Some states have stronger mental health parity laws than the federal MHPAEA:

Broader definition of covered conditions
Stronger enforcement mechanisms
Additional coverage requirements

Service Animals

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

Accessibility in New Construction

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

State-by-State Highlights

California

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)

New York

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

Texas

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

Florida

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

Illinois

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

Pennsylvania

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

Massachusetts

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)

Washington State

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:

Vocational Rehabilitation (VR)

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.

State Disability Benefits

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

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.

Filing State Complaints

General Process

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

Dual Filing

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

Getting Help

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

Local Laws

Many cities and counties have their own disability rights protections:

Examples

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

Finding Local Laws

Check your city/county human rights commission
Contact local disability rights organizations
Legal Aid can help identify applicable laws

Intersectionality in State Law

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

Scenarios: Finding What You Need

”My employer has 10 employees. Can I file an ADA complaint?”

Check your state law. Many states cover employers smaller than 15 employees. You may be protected even if the ADA doesn’t apply.

”I faced discrimination. Should I file state or federal?”

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.

”I don’t know my state’s laws”

Contact your state’s disability rights/P&A organization. They can explain what laws apply and help you file complaints.

”I want to advocate for stronger state laws”

Connect with disability rights organizations in your state. Many work on state legislation and welcome community involvement.

Who’s Organizing

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.

Resources

Finding Your State Resources

P&A organizations by state: ndrn.org/about/ndrn-member-agencies
State Human Rights Commissions: Search “[your state] human rights commission”
State Vocational Rehabilitation: rsa.ed.gov/about/states

National Resources

National Disability Rights Network: ndrn.org
Disability Rights Advocates: dralegal.org
ADA National Network: adata.org

Legal Help

Legal Aid by location: www.lawhelp.org
State bar lawyer referral services
Disability rights law firms in your area

Contribute to This Page

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.