Discriminating against an employee because of their disability or failing to accommodate their employee’s disability or injury are job barriers for people all across California. According to CDC data, 6,734,666 (roughly 23%) of adults in California have a disability. Disabled or injured employees should never have to worry that their disability or injury could be used as a means for an employer to fire them, not hire them, or not promote them.
If injured or disabled, an employee is well within their rights to request reasonable accommodations and to have a workplace free of discrimination. If their employer fails to accommodate them, retaliates against them, or discriminates against them, it’s time to take action. Maison Law can help.
Attorney Martin Gasparian and his firm, Maison Law, proudly serve clients all throughout California’s Central Valley. Contact them today if you have experienced workplace discrimination due to your disability or injury and want to know how to fight it.
Disability Discrimination in California
Disabled people are a protected class under both federal and California state law. These laws generally make it illegal for employers to treat these employees differently based on their disability. Further, employers are required to provide these employees with “reasonable accommodations” so that they’re able to perform the essential functions of their job. Still, employers do not always hold up their end of the bargain. Our team of experienced disability discrimination lawyers have seen all kinds of different examples of disability discrimination, usually including the following:
- Not hiring the employee because of their disability or them being perceived as disabled.
- Not making reasonable accommodations for disabled or injured employees.
- Retaliating against an employee for requesting an accommodation for an injury or disability.
- Harassing, downplaying or joking about the employee’s disability or injury.
- Refusing to promote an employee because of their disability or injury.
- Not paying a disabled or injured employee as much or comparably with other employees.
Recognizing disability discrimination in the workplace is the first step in holding your employer accountable for their illegal actions. The next step would be contacting Maison Law to learn more about just what your rights are under the law and how you can use that to your advantage.
Protection Against Disability Discrimination for California Employees
In California, the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) protects employees from disability discrimination in the workplace.
In order to be protected under the FEHA, an employee must meet one of the following conditions:
- Have a physical or mental condition that limits a major life activity.
- Have a medical record or history of said condition, or
- Is considered to have an impairment and subjected to discrimination as a result of the perceived impairment.
The FEHA applies to both public and private employers, as well as labor organizations, and employment agencies. An employer must have five or more employees in order to meet the threshold of the FEHA. Furthermore, employers can also discriminate against job applicants and employees because of a protected category or retaliate against them because they have asserted their rights under the law. The FEHA also protects employees from harassment based on a protected category whether simply an applicant, an unpaid intern or volunteer, or a contractor. Workplace harassment is prohibited in all California workplaces, even those with fewer than five employees.
What Is Considered to Be a Reasonable Accommodation?
Probably the most important question that our disability discrimination lawyers will have to answer is does the employee’s request for an accommodation rise to the level of “reasonable”? The basic test for reasonable accommodation is to ask if the accommodation subjects the employer with an “undue” hardship if they provide it to the disabled employee. Obviously, this is highly dependent on the type of job or role. Still, some of the more common requests for reasonable accommodations usually include some form of the following:
- Altering or changing job duties
- Giving leave for medical care
- Altering or changing work schedules
- Moving the work area
- Providing certain mechanical or electrical aids to the disabled employee
Once the request for an accommodation is made, both the employer and the employee must engage in what is known as an “interactive” process, in which both sides discuss the accommodation and how it could be implemented. Failure to engage in this process on the part of either party voids the request, and can have an effect on any potential legal action.
California Employment Lawyer Fighting For Reasonable Accomodations
A disabled employee is in a vulnerable enough position simply trying to make it through each day at work. When an employer outright refuses to accommodate these employees, Maison Law can help hold those employers accountable. If you are disabled, injured, or feel that your request for reasonable accommodations hasn’t been taken seriously by your California employer, contact us today to set up a free consultation.
