How the Law Defines Disability Discrimination
Under FEHA, disability is defined as any physical or mental condition that limits at least one major life activity. This encompasses a broad list of conditions, including physiological, mental, psychological, and developmental impairments that might interfere with day‑to‑day living. In the FEHA context, “major life activities” is understood in a wide sense, embracing not only physical or mental tasks but also the ability to participate socially and perform at work.
Furthermore, California’s approach does not insist that a disability must be severe or long‑lasting. Even temporary limitations or conditions with modest effects can qualify. This expansive view ensures that individuals with impairments, however subtle, are still entitled to protection and inclusion in daily activities and employment.
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
- Decline to hire an applicant solely because they live with a disability.
- Prevent a candidate from accessing development opportunities such as training sessions or internships due to their disability.
- Deny an employee the fair pay they deserve because of a disability.
- Limit an employee’s growth by blocking promotions or advancement based on disability.
- Dismiss or terminate an employee due to their disability.
Reasonable Accommodations Under California Law
Interactive Process
In California, legal protections ensure that when a worker or applicant brings up the need for accommodations, the employer must address that need swiftly and in good faith.
When such a request is made—or when an employer becomes aware that accommodations might be necessary—there is an obligation to begin an “interactive process.” The purpose is to break down any barriers that might otherwise prevent the individual from performing core job responsibilities.
Employers are expected to take thoughtful steps, such as analyzing the essential functions of the job and reviewing how adjustments could ease the worker’s condition.
Acknowledge the Request
The process begins when an employee with a disability states they need accommodations. This could be in a formal letter outlining their medical needs, or in a casual conversation explaining difficulty with certain tasks.
Even incomplete requests require a proactive approach. For instance, if a Santa Monica worker in a wheelchair asks for a workstation with extra clearance, that qualifies as a valid request.
Employers must respond promptly, as any prolonged delay can be seen as a violation of ADA obligations. Questions or ambiguities should be resolved immediately so that appropriate measures can be implemented.
Analyze the Request
The next important step in this process requires the employer to actively gather every necessary detail regarding the employee’s disability and carefully evaluate how the requested accommodations can be provided in the most effective way possible. In some cases, both the nature of the disability and the specific accommodations that will help the employee are immediately obvious and require no further clarification.
However, in many situations, the type of disability or the precise accommodations that would be appropriate are not so clear at first glance. In these cases, it becomes absolutely essential for the employer to take the time to collect all relevant details before moving forward with any decisions or actions.
At this stage, the employer’s primary focus should be on gaining a comprehensive understanding of the employee’s specific limitations and identifying which particular job tasks or essential duties would be improved with accommodations. Having this depth of information is critical to ensuring the request is handled both accurately and within a reasonable time frame.
When working to collect these details, the employer is strongly encouraged to begin by engaging in a direct and open conversation with the employee. The employee is often the best source of information about their own condition and can explain what modifications or adjustments would be most helpful. If, after this discussion, the details are still not sufficient, the employer may request medical documentation that directly pertains to the condition in question.
It is vital for employers to keep in mind that they are only permitted to request medical information that is relevant to the specific disability that requires accommodation. Asking for or demanding a complete medical history would go beyond what the law allows and could lead to a violation of ADA regulations.
Explore Options for Satisfying the Request
Once an employer has thoroughly reviewed how an employee’s disability impacts their responsibilities, the next step is to start looking at the different accommodations that might help. In some cases, employees themselves have ideas or specific preferences for adjustments that would support them. In other cases, there might only be a small range of solutions to consider for improving job performance.
If the best choice is not readily apparent, the employer should maintain ongoing communication with the employee and, when needed, consult with healthcare providers to explore all possibilities. The employer’s willingness to consider ideas from multiple sources can make a significant difference in finding an accommodation that works.
It’s also important to remember that reasonable accommodations may involve rethinking or modifying established procedures. Even when larger changes are necessary, the focus should always be on identifying the solution that most effectively resolves the employee’s individual workplace challenges.
Selecting the Right Accommodation
In some cases, it becomes apparent right away which accommodation will work best, while in others, a range of potential solutions might need to be reviewed. While the employee’s input and suggestions are highly valuable, the employer retains the final authority to choose the option that is most practical. Cost considerations and potential disruptions to existing operational routines often influence the decision. Employers should also remember that accommodations do not always need to be permanent at first. Many companies opt to trial an accommodation for a period of time to determine whether it effectively resolves the issue.
There are situations where the initial accommodation proves successful and remains in place indefinitely. In other scenarios, the employer and employee agree on a different option after testing the original one. After the final choice is made, the accommodations are implemented. This may involve a simple modification such as adjusting the employee’s working hours, or it could require more complex measures like installing new equipment or altering aspects of the physical workspace.
Following Up with the Employee
When a workplace accommodation has been approved and put into effect, the employer in Santa Monica should make it a priority to routinely monitor how well the employee is performing. This ongoing review process helps the employer gauge whether the support provided is still appropriate or if the employee’s needs have changed over time. Changes in job duties, company procedures, or the employee’s health condition—whether those changes are improvements or setbacks—can make an existing accommodation outdated or insufficient. In such situations, adjustments are often required to maintain effectiveness.
Maintaining a healthy working relationship depends on continuous, sincere communication. Both the employer and the employee should feel comfortable sharing updates and concerns, allowing for timely refinements to the accommodations and fostering mutual trust and satisfaction.
Defining Undue Hardship for Reasonable Accommodations
There are times when employers hesitate or decline to provide reasonable accommodations for employees with disabilities, often citing concerns about difficulty or inconvenience. However, under California employment regulations, this obligation is not a matter of preference; it is a legal requirement that must be followed. Even if the process seems challenging, employers cannot ignore their responsibility. Nevertheless, some employers attempt to justify their refusal by asserting that providing accommodations would result in an undue hardship.
An undue hardship is defined as a situation where the accommodation would disrupt normal operations in a significant way or require an investment of resources so great that it would negatively affect the employer’s ability to operate effectively. When making this determination, the law evaluates multiple elements, such as the type of accommodation requested, its financial implications, the size and resources of the business, and the practical effect it would have on daily operations.
Hiring the Right Disability Discrimination Attorney in Santa Monica
In cases of workplace discrimination, employees often turn to dedicated attorneys who focus on protecting their rights. The Law Office of Fahim Rahman proudly represents clients in Santa Monica who have faced unjust treatment, including being denied positions or losing employment because of a disability. These employees are protected by strong legal standards and have every right to pursue compensation and fair treatment.
Don’t hesitate to speak with us about your situation. By reaching out and discussing how your disability may have led to discrimination, you take a crucial step toward securing your job and defending your future.