Disability Discrimination Laws in California
In California, workers with disabilities benefit from strong anti-discrimination protections under two key laws:
The Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits discrimination against individuals with disabilities. It applies to employers with 15 or more employees and ensures that qualified individuals — those who can perform essential job functions with or without reasonable accommodations — are not excluded from employment opportunities based on their disabilities.
The ADA covers a wide range of disabilities, including physical impairments and mental health conditions, and requires employers to provide reasonable accommodations unless doing so would cause undue hardship.
The Fair Employment and Housing Act (FEHA)
FEHA, California's state law, extends even broader protections than the ADA. It applies to employers with five or more employees and covers a wider array of disabilities. Unlike the ADA, FEHA requires only that a disability limits a major life activity, not that it substantially limits one, making it easier for workers to receive protection.
FEHA also does not require employees to be assessed in a mitigated state and protects against discrimination based on the perception of a disability, offering comprehensive safeguards against unfair treatment in the workplace.
What Is a Reasonable Accommodation?
A reasonable accommodation is any modification or adjustment to a job, work environment, or the way things are usually done that allows an individual with a disability to have an equal opportunity to perform their job. These accommodations must be “reasonable,” meaning they should not impose an undue hardship on the employer.
Examples of Reasonable Accommodations
Accommodations can differ greatly depending on the nature of the disability and the specific job requirements. Some common types include:
- Physical adjustments: Installing wheelchair ramps, modifying workstations, or providing ergonomic furniture for employees with mobility issues.
- Assistive technology: Supplying screen readers, speech-to-text software, or other assistive devices for employees with sensory impairments.
- Flexible work schedules: Allowing modified work hours or telecommuting options for employees who need to attend medical appointments or manage their conditions.
- Job restructuring: Adjusting job duties or reassigning non-essential tasks to other employees to accommodate a worker’s limitations.
- Medical leave: Providing additional time off for medical treatments or recovery beyond what is covered by standard leave policies.
Asking your employer for accommodations should be a relatively straightforward process. If they refuse to assist you or won’t come to an agreement on what is reasonable, contact the disability discrimination lawyers at Premier Lawyers.
The Interactive Process: Employer and Employee Responsibilities
When an employee requests an accommodation, the employer is legally required to engage in a “good faith interactive process” to determine what accommodations can be made. This process involves open communication between the employer and employee to identify specific needs and potential accommodations.
Employers are expected to:
- Understand the request: The employer must carefully consider the employee's request, examining how the disability affects their job responsibilities.
- Collaborate on problem-solving: The employer should work closely with the employee to explore different accommodation options that could help the employee perform their job effectively.
- Take action: Once an appropriate accommodation is identified, the employer must implement it unless doing so would impose an excessive burden on the business.
Employees, in turn, should:
- Communicate clearly: Provide their employer with relevant information about their disability and specific needs.
- Be cooperative: Work with their employer to find a mutually acceptable accommodation.
- Follow procedures: Ensure all accommodation requests are documented and submitted according to company policies.
Keeping records of your written communications and notes about verbal interactions can help demonstrate a good-faith effort on your part to meet your employer at a mutually acceptable accommodation. This evidence can be useful if you need to contact our team for legal representation.
Defining Undue Hardship
An employer may decline an accommodation request if it would create an undue hardship, which refers to significant challenges or costs for the business. This determination considers factors such as the financial impact on the company, the nature of the accommodation, and the overall effect on business operations.
Despite this, the bar for proving undue hardship is high. Employers must thoroughly evaluate all possible alternatives and demonstrate that accommodating the request would genuinely be unfeasible before denying it.
Proving Disability Discrimination
Proving disability discrimination requires careful documentation and a clear understanding of your rights. If you believe you've been treated unfairly due to a disability, it’s crucial to start gathering evidence immediately.
This can include emails, texts, or voicemails that suggest discriminatory intent, as well as any memos or statements indicating actions were taken against you because of your disability. Additionally, note the names and contact details of colleagues who may support your claim.
By working with experienced disability discrimination attorneys, you can effectively build a case that highlights the unfair treatment you’ve faced and seek the justice you deserve.
Compensation for Disability Discrimination in California
You may be eligible for various types of compensation:
- Back pay and front pay: Recovery of lost wages due to wrongful termination or demotion.
- Emotional distress damages: Financial compensation for the emotional suffering, anxiety, and stress caused by discriminatory behavior.
- Reinstatement: In some situations, you may be reinstated to your former position or offered a similar role.
We will work tirelessly to achieve the best possible outcome for you, seeking the full range of damages to which you are entitled.
Can You Receive Compensation and Benefits?
It’s also possible to receive both compensation and benefits like Social Security Disability Insurance (SSDI). While you can qualify for both, the amount you receive from each may be adjusted based on specific rules.
For example, the Social Security Administration might reduce your SSDI benefits to ensure the total amount you receive doesn’t exceed a certain percentage of your pre-injury earnings. Navigating these complexities can be challenging, so it’s crucial to work with experienced attorneys.
Time Limits for Filing Disability Discrimination Claims
Any employee who believes they have been discriminated against due to their disability must file a complaint within a specific time frame or risk losing the right to file a lawsuit. The complaint must be submitted to the EEOC within 180 days of the discriminatory act or 300 days if a state or local law prohibits the same act.
However, it is crucial for those who experience disability discrimination not to wait until the deadline approaches and to file their complaint as soon as possible to increase the chances of a favorable outcome.
