Disability Discrimination

The Fair Employment and Housing Act (FEHA) is a comprehensive California law designed to protect employees from various forms of discrimination in the workplace. One of the most critical aspects of FEHA is its protection against disability discrimination. Employees who have experienced discrimination based on their disability have the right to seek legal recourse under this law. This blog post will provide an overview of FEHA disability discrimination in California employment law, including key provisions and how an experienced employment law attorney can help protect your rights.

What is FEHA?

The California Fair Employment and Housing Act (FEHA) is the primary state law that prohibits discrimination in employment based on several protected characteristics, including disability. FEHA applies to employers with five or more employees and covers both public and private sector employers. 

FEHA Disability Discrimination: Key Provisions

1. Definition of Disability: Under FEHA, a disability is defined as any physical or mental impairment that limits a major life activity. This includes both actual disabilities and conditions that are perceived or regarded as disabilities by the employer. 

2. Reasonable Accommodations: Employers are required to provide reasonable accommodations to employees with disabilities to enable them to perform the essential functions of their job, unless it would cause undue hardship to the employer. Reasonable accommodations can include modifying work schedules, providing assistive devices, or restructuring job duties. 

3. Interactive Process: When an employee requests a reasonable accommodation, the employer must engage in a good-faith interactive process to determine an appropriate accommodation. This process involves open communication between the employer and the employee to identify the employee's limitations and potential accommodations that could address those limitations. 

4. Retaliation Prohibition: Employers are prohibited from retaliating against employees who request accommodations, file complaints, or otherwise exercise their rights under FEHA. 

How an Employment Law Attorney Can Help

An experienced California employment law attorney can help both employees and employers navigate the complex landscape of FEHA disability discrimination. For employees, an attorney can:

1. Evaluate your case: A lawyer will review your situation and help you determine if your employer has violated your rights under FEHA. 

2. Provide legal advice: If you have a valid claim, an attorney can guide you through the process of filing a complaint with the Department of Fair Employment and Housing (DFEH) and advise you on the best course of action for your case. 

3. Advocate for you: Should your case proceed to litigation, an attorney will represent your interests in court, negotiating settlements or pursuing damages on your behalf.

For employers, an employment law attorney can:

1. Ensure compliance: An attorney can help you develop and implement policies and procedures that comply with FEHA requirements and minimize the risk of disability discrimination claims. 

2. Train management: An attorney can provide training for your management team to ensure they understand their obligations under FEHA and know how to handle disability discrimination situations effectively. 

3. Defend against claims: If an employee files a disability discrimination claim, an attorney can represent your interests, defend against the claim, and potentially negotiate a resolution.