In a lot of cases, employees dedicate their lives to work. Be it through the time spent on the job, decisions made because of work, or instances where they overextend themselves, employees can sometimes physically, mentally, or emotionally break down and require rest. While that need is perfectly understandable, sometimes employers will try to punish the employee for asking for such accommodations. When an employee becomes injured or disabled, they are protected from unlawful discrimiatnion in the workplace. And when the employer fails to provide a workplace free of discrimimation, they need to be checked.
Maison Law appreciates the dedication that employees show to their employers, and want them to know that they are well within their rights to request reasonable accommodations and to a workplace free of discrimination. If the employer fails to accommodate them, retaliates against them, or discriminates against them, our team can help the employee take action.
What Is Considered a Disability?
The ultimate goal of the California Fair Employment and Housing Act (FEHA), which protects employees from disability discrimination in the workplace, is to cover as many potential ailments and disabilities as possible. In order to do that, the term “disability”, at least as it relates to the law, is construed as broadly as possible. As such, the FEHA applies to both mental and physical disabilities.
Mental Disabilities
Specifically, the FEHA describes a mental disability as any mental or psychological disorder or condition that limits a major life activity. Under this definition, the FEHA covers employees with chronic diseases such as:
- Bipolar disorder
- Clinical depression
- Schizophrenia
- Obsessive-compulsive disorder
- Anxiety disorder
- Dementia
- Intellectual disabilities
- Specific learning disabilities
However, the definition does not extend to impairments like sex addiction, gambling addiction, pyromania, or drug or alcohol addiction.
Physical Disabilities
Along the same lines, the FEHA defines a physical disability as any disease or disfigurement that affects the body and limits major life activities. This can include a variety of different ailments, including:
- Physiological diseases, disorders, or conditions, like diabetes, asthma, or glaucoma
- Cosmetic disfigurements
- Missing limbs or appendages
- Impaired or lost eyesight
- Impaired or lost hearing
- Impaired or lost speech
- Chronic diseases
- Hepatitis
- HIV/AIDs
- Cancer
- Pregnancy and childbirth
- Obesity (if involuntary)
Aside from the FEHA, employees are also protected from disability discrimination under the Americans with Disabilities Act of 1990 (ADA). These laws not only make it illegal for an employer to discriminate against an employee because of their disability, but also to treat an employee as having an impairment regardless of whether that individual has a physical or mental impairment.
Furthermore, these laws protect individuals throughout the employment process. This means that any applicant or potential employee is protected from disability discrimination.
Another key part of the law is protecting employees that have been injured on the job. These employees often need temporary accommodations in order for them to return to full duty. Employers are forbidden from discriminating against an employee after they are injured or treating them differently after they are injured or become disabled. They also must engage in a good-faith, interactive process with the employee regarding the accommodation.
How Does Disability Discrimination Manifest Itself in the Workplace?
The vast majority of disability discrimination in California workplaces occur in the following ways:
- Not hiring an applicant based on a perceived or known disability.
- Failing to make reasonable accommodations for employees.
- Retaliating against an employee for requesting an accommodation for an injury or disability.
- Harassing, making fun of, or joking about an employee’s disability.
- Refusing to promote an employee because of their disability or injury.
- Unequal pay between a disabled employee and other employees.
Legal Recourse for California Employees
When an employer discriminates against an employee because of their disability, the employee has an absolute right to receive compensation. The most direct way for that to happen is to file a lawsuit, which can potentially recover the following damages:
- Lost wages (back pay and front pay)
- Emotional distress/mental anguish
- Loss of dignity, embarrassment, humiliation
- Punitive damages
- Job reinstatement
Protect Your Rights By Talking to a California Disability Discrimination Lawyer
At Maison Law, our disability discrimination lawyers understand how important a person’s job is to their livelihood. When an employee is injured or disabled, they have an unconditional right to request reasonable accommodation to perform their job duties, and deserve to do so without being made fun of or harassed by their employer.
The firm’s founder, Martin Gasparian and the team at Maison Law doesn’t sit idly by while employers discriminate against, retaliate against, or deny injured or disabled employees’ requests for reasonable accommodations. Their well-trained, experienced disability discrimination lawyers want to help when this happens. Reach out to their office today for a free consultation.
