Disability Discrimination
California employers are prohibited from discriminating against qualified employees on the basis of a disability pursuant to state and federal laws, including the California Fair Employment and Housing Act (FEHA) and the Federal Americans with Disabilities Act (ADA). The FEHA and the ADA protect employees who have a broad range of physical and/or mental disabilities that limit or substantially limit one or more major life activity. The applicability of the FEHA and the ADA to a particular employer depends on the number of employees employed and the type of employer in question (such as public or private, state or federal). The FEHA generally extends to more employers in California than the ADA, as it applies to companies with fewer employees than the ADA and is also generally broader in its application than the ADA.
As part of the legal framework that prohibits employers from discriminating against disabled employees, employers are required to reasonably accommodate qualified individuals with a known disability. A reasonable accommodation by an employer may include, by way of example:
- Job restructuring
- Part-time or modified work schedules
- Reassignment to a vacant position
- Modification of tools, equipment, or devices
- Modification of testing procedures
- Modification of employment policies
- Providing readers or interpreters
- Making existing facilities used by employees readily accessible to, and usable by, employees with disabilities (including break rooms, training rooms, and restrooms)
Moreover, as part of the process of providing a reasonable accommodation, employers are obligated to engage an employee with a known disability in a timely good faith interactive process. It is important that an employer, in a timely manner, consult with a disabled employee in order to ascertain the exact job-related limitations caused by the employee’s disability and identify potential accommodations that may be implemented to help the employee perform his or her essential job functions. Failure to Accommodate and Failure to Engage in a Timely Good Faith Interactive Process are separate and distinct disability discrimination claims that may be asserted in a lawsuit if an employer fails to adhere to its legal obligations.
If you believe your employer has discriminated against you on the basis of a physical or mental disability, Galante Law, Inc. is here to help.
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Galante Law, Inc. offers employees a free initial consultation on labor and employment matters. Galante Law, Inc. represents employees on a contingency fee basis and does not take any attorney’s fees unless and until a settlement award or judgment is received. If there is no recovery or settlement the client is liable for costs only. Please contact us online or by telephone at 213-785-1900 to arrange a free consultation.