If you are facing disability discrimination in San Diego, such as being overlooked during the hiring process, receiving lower pay than colleagues, having your responsibilities reduced unfairly, or encountering obstacles that prevent career advancement, you may have valid legal grounds to take action. You do not have to handle these challenges on your own, and seeking legal remedies can help you move toward justice.
How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
In San Diego, employees are safeguarded under the Fair Employment and Housing Act (FEHA), which is designed to ensure they are not subjected to discrimination based on a disability. The law makes it unlawful for employers to engage in practices such as:
- Refusing to hire a qualified individual simply because they have a disability.
- Preventing access to internships, training programs, or other career development opportunities due to a disability.
- Withholding proper and lawful wages from an employee because of their disability status.
- Blocking advancement by denying promotions or other growth opportunities on account of a disability.
- Terminating an employee for the sole reason that they live with a disability.
Employees in San Diego who experience this kind of discrimination have the right to take legal action. They may pursue claims to obtain both compensatory and punitive damages, and in some cases, they can also seek reinstatement to the position they previously held.
Reasonable Accommodations Under California Law
Interactive Process
Under California law, employers are obligated to act when an employee or a job applicant makes a request for reasonable accommodations. This obligation is not optional; it is a legal responsibility that requires the employer to provide a timely and appropriate response. The law is designed to ensure that individuals with disabilities are not unfairly excluded from opportunities in the workplace simply because they need certain adjustments in order to succeed.
As soon as a request has been made, or even when the employer becomes aware that some form of support may be necessary, the requirement to begin what is referred to as the “interactive process” takes effect. This process is intended to remove barriers that could interfere with the individual’s ability to complete the essential functions of the role.
To meet this responsibility, the employer must take purposeful steps such as reviewing the core responsibilities of the position and considering how the employee’s condition could be better managed through specific accommodations. The aim of this process is to ensure that the employee is given the chance to perform effectively while maintaining the integrity of the job.
Acknowledge the Request
The interactive process starts as soon as an employee with a disability indicates that they require reasonable accommodations. This request may take a formal shape, such as a written statement identifying the specific adjustment needed due to a medical condition, or it may be informal, for instance, mentioning challenges in completing particular tasks.
Even if the request is not fully detailed, employers in San Diego are expected to take active steps to understand what support is necessary. As an example, if an employee who uses a wheelchair asks for additional space at their workstation, this should be treated as a legitimate request for accommodation.
Once the employer becomes aware of the need, immediate action is required. A lengthy delay may be considered a violation of the Americans with Disabilities Act. If there is any lack of clarity, it is the employer’s responsibility to confirm the details quickly and then provide the appropriate adjustments.
Analyze the Request
The next step in the process requires the employer to carefully collect all of the necessary details regarding the employee’s disability and to evaluate how best to meet the request for accommodations. In some situations, the disability and the type of support that should be provided are clear from the outset and require little additional investigation.
In other circumstances, however, the condition or the most suitable accommodation may not be immediately obvious. When this is the case, the employer has an obligation to actively obtain the information needed before taking further action. This stage is important for ensuring that any decisions made are accurate and appropriate to the employee’s situation.
As part of this process, the employer should work to gain a full understanding of how the disability limits the employee in performing job-related tasks. It is equally important to review the essential functions of the role and determine which duties would be improved or supported by adjustments. Taking this approach helps ensure that the accommodation provided is effective and that the employer remains in compliance with applicable employment laws.
The most direct way to begin gathering information is through open communication with the employee. By discussing the employee’s condition and the types of modifications that may be useful, the employer gains valuable insight into potential solutions. If, after this step, the available information is still incomplete, the employer may request documentation from a medical provider that addresses only the condition relevant to the request.
It is also important to remember that the information sought must be limited to what is directly connected to the accommodation. Employers should avoid asking for an employee’s full medical records or unrelated health history, as doing so would exceed the scope permitted under the ADA and could result in a legal violation.
Explore Options for Satisfying the Request
Once the employer has collected all the necessary information about the employee’s disability and the way it impacts their ability to complete essential functions, the next step is to carefully review possible accommodations. In certain situations, the employee may already have practical suggestions to put forward, while in other cases, only a few feasible adjustments will be available to help improve performance in the role.
If there is no single solution that is immediately obvious, it becomes important to continue working collaboratively. This may involve having additional conversations with the employee or, when relevant, obtaining recommendations from the employee’s medical provider. Such cooperation is often the most effective way to determine the type of adjustment that will create the best outcome. Employers should approach this process with an open mind and take into account the input of everyone committed to helping the employee thrive.
Employers should also recognize that accommodations are not always simple or minimal changes. At times, they may require meaningful modifications to the way certain tasks are structured or responsibilities are managed. The overall purpose, however, should always remain clear: to identify the specific support that addresses the employee’s needs and enables them to meet the requirements of their position with success.
Selecting the Right Accommodation
In some cases, the most effective accommodation is immediately obvious, while in other situations, multiple possible options need to be carefully reviewed before a decision can be made. While the suggestions of the employee should always be given thoughtful consideration, the ultimate choice rests with the employer. Key elements such as the financial cost of the adjustment and the potential for disruption to regular business operations carry significant weight in this decision-making process. Employers should also keep in mind that accommodations do not need to be viewed as permanent right from the start. In many workplaces, a trial period is put in place to evaluate whether a particular solution is meeting the needs of the employee.
If the trial demonstrates that the adjustment works well, the employer may then make the accommodation a permanent part of the employee’s work environment. If, however, the changes do not adequately address the difficulties, other options can be examined and applied as needed. Once an approach has been chosen, the employer should move forward with implementation. This could involve something simple, such as modifying work hours, or it might require more significant steps, like purchasing specialized equipment, improving existing resources, or making physical modifications to the workplace to create an environment that better supports the employee.
Following Up with the Employee
Once an accommodation has been approved and put into place, it becomes important for employers in San Diego to continue reviewing the employee’s overall job performance on a regular basis. These ongoing evaluations help determine whether the current accommodations are still working as intended and whether any changes in the employee’s condition or in the workplace may require adjustments. Over time, the responsibilities tied to a specific role may shift, or an employee’s medical situation might improve, decline, or fluctuate, which can make the existing accommodations less effective. In those circumstances, it is necessary to revisit the original arrangement and make modifications so the support remains useful.
To ensure a productive working environment, both employer and employee should make an effort to maintain honest and consistent communication. By addressing concerns in a timely manner and sharing updates as they arise, both sides can work together to make sure the employee’s needs continue to be met while also keeping the company’s operational requirements on track.
Defining Undue Hardship for Reasonable Accommodations
There are situations in which employers hesitate or decline to provide reasonable accommodations for employees with disabilities, often pointing to the inconvenience or practical challenges they believe will follow. Regardless of these concerns, the law in California makes it clear that offering accommodations is not optional but a legal responsibility. Even if the adjustments may appear difficult to implement or demanding for the business, compliance is still required. In some cases, an employer may argue that fulfilling a request would result in an undue hardship for the organization.
An undue hardship refers to circumstances where the provision of an accommodation would cause significant disruption to the company’s usual operations or would involve financial demands so substantial that the overall stability of the business could be jeopardized. When evaluating this claim, the law takes into account several elements, such as the nature of the specific accommodation, the financial cost involved, the size and resources of the employer, and the overall effect that the accommodation would have on daily work activities.
