
When it comes to disability discrimination in violation of the Fair Employment and Housing Act (FEHA), many employees and employers are left wondering: is the compensation received taxable or not? The confusion around whether settlements or judgments in these cases are subject to taxation is understandable, as the taxability of compensation in discrimination cases depends on various factors. While the FEHA provides important protections for individuals with disabilities, ensuring they are not subjected to unfair treatment in the workplace, the tax implications of receiving compensation for these claims can be tricky. In this article, we will explore the details of disability discrimination claims under FEHA and whether the compensation for such claims is considered taxable income by the IRS. Understanding the nuances of these legal matters is essential for anyone involved in a disability discrimination case, and knowing whether the funds you receive will be taxed is critical for proper financial planning. Let’s dive in!
Understanding Disability Discrimination Under FEHA
Before we delve into the taxability question, it’s important to first understand what constitutes disability discrimination under the FEHA. The Fair Employment and Housing Act is a California law that prohibits discrimination against individuals based on their disability status. This means that employers are legally required to provide reasonable accommodations to employees with disabilities, and they cannot treat them unfairly due to their disability. If an employee experiences discrimination based on their disability—whether it’s failure to provide reasonable accommodations, termination, or harassment—they can file a complaint under FEHA.

Compensation for Disability Discrimination Claims
If a person files a disability discrimination claim under FEHA and wins, they are often awarded compensation, which could come in the form of damages, back pay, and sometimes even punitive damages. The amount of money awarded depends on various factors, including the severity of the discrimination, the harm caused, and the specifics of the case. But the big question is: will that compensation be taxed?
Is Compensation for Disability Discrimination Taxable?
The short answer is: it depends. Generally, compensation for lost wages (like back pay) and other forms of financial reimbursement related to employment discrimination cases are considered taxable income by the IRS. This is because they are essentially replacing money that would have been earned if the discrimination had not occurred. On the other hand, some forms of compensation, such as damages for emotional distress or physical injuries, may not be taxable under certain circumstances.
The key here is whether the compensation is classified as punitive, compensatory, or for lost wages. Typically, any compensatory damages that are intended to make the victim “whole” again, such as lost wages, are taxable. However, if the award is specifically related to emotional distress caused by the discrimination or a physical injury resulting from the discrimination, that portion of the award may not be taxable. The situation becomes even more complex when punitive damages are awarded, as these are usually taxable.

What About Punitive Damages?
Punitive damages are designed to punish the employer for their discriminatory behavior and deter others from similar conduct. These damages are generally taxable, unlike other types of damages that may have a more limited tax liability. However, there are nuances depending on how the damages are classified in the settlement or judgment. It’s always a good idea for individuals receiving punitive damages to consult with a tax professional to understand the potential tax consequences.
When Is Emotional Distress Compensation Not Taxable?
If emotional distress or mental anguish results from the discrimination, and the award is not related to lost wages or other taxable forms of income, the compensation may not be taxable. However, the rules here can be tricky. Emotional distress damages may become taxable if the underlying cause of distress is related to physical injury, and the IRS views the award as compensating for a physical injury. Non-physical emotional distress awards that do not meet these criteria are often taxable.
The Role of Taxable vs. Non-Taxable Damages in FEHA Cases
When determining whether the compensation is taxable, one must consider what the damages are compensating for. For example, if the compensation is primarily for lost wages or benefits, it’s more likely to be taxable. Conversely, if the damages are related to physical injuries or emotional distress (with specific circumstances), those might be tax-exempt. Legal professionals or tax advisors can assist in making this distinction, as each case may have unique factors that determine taxability.

How to Handle Your Tax Responsibilities
If you have received compensation in a disability discrimination case under FEHA, you’ll want to make sure you handle your tax responsibilities properly. Keep records of the compensation received and how it was classified in the settlement or judgment. Consulting with a tax professional or attorney is highly recommended to ensure that you understand the tax implications and avoid any surprises when tax season rolls around. Remember, the IRS has specific guidelines, and being well-informed about your situation will help you stay compliant with the law.
Conclusion: Navigating the Taxability of Disability Discrimination Compensation
In summary, whether compensation received from a disability discrimination case under the FEHA is taxable depends on several factors, such as the type of damages awarded and the circumstances of the case. Compensation for lost wages or punitive damages is generally taxable, while damages for emotional distress or physical injuries may not be, depending on the situation. To avoid confusion and ensure you are in compliance with tax laws, it’s always best to consult a legal or tax professional. Being informed and understanding the potential tax consequences of your settlement or award is essential to managing your financial obligations responsibly.
FAQs:
1. Is compensation for disability discrimination under FEHA taxable?
It depends. Compensation for lost wages or punitive damages is typically taxable, while compensation for emotional distress or physical injury may not be, under specific circumstances.
2. Are punitive damages for disability discrimination taxed?
Yes, punitive damages are generally taxable, as they are meant to punish the employer and deter future discrimination.
3. Can emotional distress compensation be tax-exempt in FEHA cases?
Yes, if the emotional distress is linked to a physical injury or the case qualifies under specific criteria, it may not be taxable.