DISABILITY ACCOMODATIONS
Disability discrimination in the workplace is a serious issue and is prohibited by law, particularly under the Americans with Disabilities Act (ADA) at the federal level and the California Fair Employment and Housing Act (FEHA) at the state level. Here's an overview of disability discrimination, your rights, and what you should do if you believe you've experienced discrimination:
What Is Disability Discrimination?
Disability discrimination occurs when an individual is treated unfairly or harassed because of their disability, a perceived disability, or their association with someone who has a disability. It is against the law, and the ADA and FEHA provide legal protections against such discrimination.
Examples of disability discrimination can include:
- Treating an employee unfairly or differently because of their disability.
- Harassing an employee because of their disability.
- Asking job applicants about their past or current medical conditions during interviews.
- Refusing to provide reasonable accommodations to employees with disabilities.
What Is Covered Under the Americans with Disabilities Act (ADA)?
The ADA defines a "qualified individual with a disability" as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. This law applies to:
- Employees
- Job applicants
- Former employees
- Applicants or participants in training programs
The ADA covers various disabilities, including physical and mental impairments, and it requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities.
What Is Covered Under the California Fair Employment and Housing Act (FEHA)?
FEHA is California's state law that provides broader protections against discrimination, including disability discrimination. Key differences between FEHA and the ADA include:
- FEHA applies to employers with five or more employees, making it more inclusive.
- FEHA requires reasonable accommodations for employees with disabilities, even if the impairment does not substantially limit a major life activity (only a limitation is required).
- FEHA prohibits discrimination based on the perception of a disability, making it easier for employees to claim protection.
How Disability Discrimination Claims Work:
- To prove disability discrimination, an employee generally needs to demonstrate that they have a disability, are qualified for their job, experienced an adverse employment action (e.g., termination, demotion), and that the adverse action was based on their disability.
- Documenting instances of discrimination, keeping records of emails, memos, or statements related to the discrimination, and having witnesses who can testify about the discrimination can be essential evidence.
- Employers are also required to engage in an interactive process to discuss and determine appropriate reasonable accommodations for employees with disabilities.
How an Attorney Can Help:
If you believe you've been subjected to disability discrimination in the workplace, it's important to consult with an experienced employment attorney who specializes in discrimination cases.
An attorney can:
- Investigate your case and assess its strength.
- Help you navigate the legal process.
- Advocate on your behalf.
- Help you gather evidence to support your claim.
- Advise you on the best course of action, which may include pursuing legal action.
Overall, understanding your rights and seeking legal assistance can be crucial in protecting yourself from disability discrimination and ensuring that you receive the accommodations to which you are entitled under the law.