While federal laws like the ADA, Section 504, and the Fair Housing Act provide important baseline protections, many states have disability rights laws that go further. This page provides an overview of state-level protections and helps you find the laws that apply in your state.
State laws may:
- Cover employers too small for federal laws (ADA covers employers with 15+ employees)
- Provide stronger remedies (some states allow more damages)
- Include protections not in federal law
- Have more accessible enforcement processes
- Cover additional types of discrimination
When both federal and state laws apply, you can often choose which to use—or use both. Consider:
- Which covers your situation better
- Which has better remedies
- Which has easier procedures
- Which has more favorable statute of limitations
- Which enforcement agency is more responsive
These states have disability discrimination laws comparable to or stronger than the ADA:
California
- Fair Employment and Housing Act (FEHA)
- Unruh Civil Rights Act
- Covers employers with 5+ employees (vs. ADA's 15)
- No cap on damages
- Broad definition of disability
- Extensive accessibility requirements (California Building Code)
- Enforcement: Department of Fair Employment and Housing
New York
- New York Human Rights Law
- New York City Human Rights Law (even stronger in NYC)
- Covers employers with 4+ employees (state) or 1+ (NYC)
- NYC law among strongest in nation
- Enforcement: Division of Human Rights
Illinois
- Illinois Human Rights Act
- Covers employers with 1+ employees
- Environmental Barriers Act (accessibility)
- Enforcement: Department of Human Rights
New Jersey
- Law Against Discrimination (LAD)
- Covers employers with 1+ employees
- Strong protections and remedies
- No cap on compensatory damages
- Enforcement: Division on Civil Rights
Massachusetts
- Massachusetts General Laws Chapter 151B
- Covers employers with 6+ employees
- Architectural Access Board (accessibility)
- Strong enforcement record
- Enforcement: Massachusetts Commission Against Discrimination
Washington
- Washington Law Against Discrimination
- Covers employers with 8+ employees
- No cap on damages
- Enforcement: Human Rights Commission
Connecticut
- Connecticut Fair Employment Practices Act
- Covers employers with 3+ employees
- Human Rights and Opportunities Commission
Minnesota
- Minnesota Human Rights Act
- Covers employers with 1+ employees
- Strong disability protections
- Department of Human Rights
Texas
- Texas Architectural Barriers Act
- Texas Human Rights Act
- Eliminatory of Architectural Barriers for those programs receiving state funding
Florida
- Florida Civil Rights Act
- Covers employers with 15+ employees (same as ADA)
- Florida Building Code accessibility requirements
Pennsylvania
- Pennsylvania Human Relations Act
- Covers employers with 4+ employees
- Human Relations Commission
Some states rely primarily on federal law with less extensive state protections. In these states, federal laws (ADA, Section 504, Fair Housing Act) are your primary protection.
Examples include Alabama, Mississippi, and Georgia (though each has some state-level protections).
Most states prohibit employment discrimination, but coverage varies:
| Coverage Level |
States |
| 1+ employees |
IL, NJ, MN, others |
| 3-6 employees |
CT, MA, PA, others |
| 8-15 employees |
Many states |
| 15+ employees (same as ADA) |
Some states |
What to check in your state:
- Employer size threshold
- Definition of disability (may be broader than ADA)
- Reasonable accommodation requirements
- Available damages
- Statute of limitations
- Enforcement agency
States may have:
- Civil rights laws covering public accommodations
- Building codes requiring accessibility
- Specific laws for certain types of businesses
Examples of stronger state protections:
- California's Unruh Act covers all business establishments
- New York Human Rights Law covers most public accommodations
- Some states include websites as public accommodations (even before federal clarity)
The Fair Housing Act is primary federal law, but states may provide:
- Broader coverage
- Additional protected classes
- Stronger remedies
- State-level enforcement
State variations include:
- Some states protect source of income (including disability benefits)
- Some states have stronger accessibility requirements for new construction
- Some states have more accessible complaint processes
States implement IDEA and Section 504 but may also have:
- State special education laws with additional requirements
- State accessibility standards for schools
- State-level dispute resolution systems
Every state has an agency responsible for civil rights enforcement. Names vary:
- Division of Human Rights
- Civil Rights Commission
- Department of Fair Employment and Housing
- Human Relations Commission
Find yours: Search "[Your state] disability discrimination complaint" or "[Your state] civil rights agency"
Look for:
- State civil rights or human rights act
- State accessibility laws
- State special education laws
- State-specific protections (white cane laws, service animal laws, etc.)
Every state has a Protection and Advocacy (P&A) organization that can help you understand your rights:
P&A organizations:
- Federally funded but independent
- Provide free legal help to disabled people
- Know both federal and state laws
- Can represent you in cases
Find your P&A: National Disability Rights Network maintains a directory at www.ndrn.org
State and local disability rights organizations can provide guidance on local laws and practices.
California generally has the strongest state disability rights protections.
Key laws:
- Fair Employment and Housing Act (FEHA) - employment
- Unruh Civil Rights Act - public accommodations
- Disabled Persons Act
- California Building Code accessibility requirements
Notable features:
- Covers employers with 5+ employees
- Broader disability definition than ADA
- No cap on compensatory or punitive damages
- Strong accessibility requirements
- Active enforcement
Enforcement: Department of Fair Employment and Housing (DFEH)
Key laws:
- New York Human Rights Law (state)
- New York City Human Rights Law (NYC—extremely strong)
Notable features:
- State law covers employers with 4+ employees
- NYC law covers employers with 1+ employees
- NYC law interpreted very broadly
- Strong remedies available
Enforcement: Division of Human Rights (state), NYC Commission on Human Rights (city)
Key laws:
- Texas Commission on Human Rights Act
- Texas Architectural Barriers Act
- Texas Labor Code Chapter 21
Notable features:
- Similar coverage to ADA for employment
- Strong architectural accessibility requirements for state-funded facilities
- Caps on damages similar to federal law
Enforcement: Texas Workforce Commission Civil Rights Division
Key laws:
- Florida Civil Rights Act
- Florida Building Code accessibility
Notable features:
- Employment coverage same as ADA (15+ employees)
- Public accommodation provisions
- Florida Building Code accessibility requirements
Enforcement: Florida Commission on Human Relations
Key laws:
- Illinois Human Rights Act
- Environmental Barriers Act
Notable features:
- Covers employers with 1+ employees
- Broad coverage
- Department of Human Rights enforcement
Key laws:
- Pennsylvania Human Relations Act
Notable features:
- Covers employers with 4+ employees
- Human Relations Commission handles complaints
¶ Using State and Federal Laws Together
When both state and federal laws cover your situation, you may be able to:
- File with state agency and have complaint cross-filed with federal agency
- File separate complaints if needed
- Choose which forum to pursue
Work-sharing agreements:
Many state agencies have agreements with federal agencies (EEOC, HUD) to share complaints and avoid duplication.
Consider filing with state agency when:
- State law provides stronger protection
- State agency is more responsive
- State has no cap on damages
- State process is faster
- You want local enforcement
Consider federal filing when:
- Federal law provides stronger protection
- State has weak enforcement
- You want to preserve federal court options
- Pattern is national (not just state)
Different laws have different deadlines:
- ADA/EEOC: Generally 180 or 300 days depending on state
- State laws: Vary significantly—check your state
- Fair Housing Act: Generally one year
- State housing laws: Vary
Don't delay: File within the shortest applicable deadline to preserve all options.
Many states have their own service animal laws that may:
- Mirror ADA definitions
- Provide additional protections
- Create penalties for misrepresentation
- Address specific situations (housing, transportation)
Most states have "white cane laws" providing:
- Right of way for blind pedestrians
- Requirements for drivers
- Service animal protections
- Public accommodation access
States regulate:
- Accessible parking requirements
- Permit systems
- Penalties for violations
- Placard/plate procedures
States implement:
- Accessible voting requirements
- Curbside voting
- Accessible ballot formats
- Assistance provisions
Protection and Advocacy agencies:
National Disability Rights Network (www.ndrn.org) - find your state P&A
State civil rights agencies:
Search "[State] civil rights commission" or "[State] human rights division"
Disability Rights Bar Association:
Can help find disability rights attorneys in your state
- ADA National Network - Regional centers providing information
- Job Accommodation Network (JAN) - employment accommodation information
- National Fair Housing Alliance - housing discrimination resources
What state-specific protections should be highlighted? What has your experience been with state agencies? What resources should be listed?
Share through our [contribution form] or email [email protected].
Last updated: November 2025
Related Pages: