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Employment Disability Discrimination Lawyer
Under both California and Federal laws, it is unlawful for an employer to discriminate against an employee based on real, or perceived, disabilities. Employers must provide employees who have disabilities reasonable accommodations. Although both California and Federal laws protect employees from disability discrimination, there are some differences in the laws.
If you believe you may be suffering discrimination from your employer call an attorney to ensure that your rights are protected. Contact our employment disability discrimination lawyer for a free consultation and case review.
Our employment law practice areas include:
- Wrongful Termination
- Sexual Harassment
- Wage and Hour
California Fair Employment And Housing Act (FEHA)
Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for an employer to treat a qualified employee, or applicant for employment, less favorably due to a disability, history of disability, perceived disability, or because of the employee’s relationship with another person who has a disability. If you believe you may be suffering discrimination from your employer, call an attorney to ensure that your rights are protected.
What is Considered a Disability Under FEHA?
Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for an employer to treat a qualified employee, or applicant for employment, less favorably due to a disability, history of disability, perceived disability, or because of the employee’s relationship with another person who has a disability.
Some of the covered disabilities listed by the Department of Fair Employment and Housing (DFEH) include:
- Hearing, vision, and speech impairments;
- Chronic diseases, including HIV/AIDS and diabetes;
- Loss of limbs;
- Physiological disabilities;
- Chronic mental diseases such as depression and bipolar disorder; and
- Learning disabilities
Proving California Employment Disability Discrimination
To establish disability discrimination, the employee or applicant has the burden to prove that he or she is a qualified individual capable of performing the essential functions of the job whether with or without reasonable accommodations. An employer has an affirmative duty to make reasonable accommodations for employees with disabilities when an employer knows of the disabilities, unless in doing so the employer would suffer undue hardship.
What is a Reasonable Accommodation?
“Reasonable accommodation” is defined as “modifications or adjustments that are: (A) effective in enabling an applicant with a disability to have an equal opportunity to be considered for a desired job, or effective in enabling an employee to perform the essential functions of the job the employee holds or desires, or effective in enabling an employee with a disability to enjoy equivalent benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.”
Some examples of reasonable accommodations include:
- allowing assistive animals in the workplace;
- transferring an employee to a more accessible location;
- providing a modified schedule;
- providing reasonable time off to recover from disability;
- providing additional training;
- permitting the employee to work from their home; and
- providing assistive aids and services such as readers or interpreters
- (Note: this list is just an example and not meant to be exhaustive.)
Procedures Involved in California Employment Disability Discrimination
There are formal procedures involved with California employment disability discrimination actions that must be exhausted prior to filing lawsuit against an employer. Under the FEHA, an employee generally has one-year from the last incident to file a claim with the DFEH to have the DFEH investigate claims of discrimination or to obtain a right-to-sue letter. If you believe you have been discriminated against due to a disability, you should contact an attorney or file a claim with the DFEH as soon as possible to ensure you do not run out of time
Contact Our California Employment Law Attorneys