A mental or physical disability can have a big impact on your work life. There are state and federal laws designed to protect the rights of disabled individuals, especially in the workplace.
Unfortunately, many employers do not abide by these laws. Disability discrimination is a serious problem in industries all across California. At For All Workers, we believe that disabled workers in California should have every opportunity to succeed. We represent clients who have suffered from disability discrimination, and help them get the justice they deserve.
California Disability Laws
In California, it is illegal for an employer to discriminate against an employee for any reason. The California Fair Employment and Housing Act (FEHA) offers protection for workers who:
- Have a physiological disorder, disease, disfigurement, or anatomical loss (amputation) that limits their ability to participate in activities like walking, talking, working, or learning. Some examples include:
- Epilepsy
- Diabetes
- Multiple Sclerosis (MS)
- Hepatitis
- HIV/AIDS
- Have a physical or mental impairment that is temporary or permanent, including conditions lasting six months or less. Examples include:
- Broken Bones
- Diagnosed anxiety, stress, or depression
- Pregnancy
- ADHD
- Have a medical history that includes conditions like cancer that is in remission.
- An employer perceives to have a physical impairment that is potentially disabling, or could be perceived to be so.
Examples of Disability Discrimination
Disability discrimination may occur in many ways. The most common examples include:
- An employer failing or refusing to accommodate a medical condition or disability.
- An employer failing to grant medical leave that an employee is entitled to under the California Family Rights Act (CFRA) or the Family Medical Leave Act (FMLA).
- An employer failing or refusing to hire a qualified applicant due to a disability.
- An employer discharging someone with a disability in response to requesting accommodations.
- An employer who fails to engage in the “interactive process”.
The interactive process is the dialogue between an employer and an employee about the disability. Employees must notify their employer of a disability and any needed accommodations.
What are Reasonable Accommodations?
Federal laws like the Americans with Disabilities Act (ADA), and state laws like the FEHA, mandate that employees with disabilities must be provided with reasonable accommodation, such as:
- Medical leave, or extension of leave
- Allowing an employee to work from home
- Reassigning an employee to a different position
- Modifying work schedules, devices, or equipment
- Adjusting policies or training as needed
- Offering an accessible workplace
- Offering assistance where needed (interpreter, etc.)
Disability discrimination claims in California are managed by the California Department of Fair Employment and Housing (DFEH), or the Equal Employment Opportunity Commission (EEOC). If you have not been provided with reasonable accommodations, you may be eligible to file a claim.
Legal Help for Disability Discrimination
If your employer has failed to provide reasonable accommodations, or has otherwise discriminated against you for being disabled, contact For All Workers to discuss your case.