Disability Discrimination

Both the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA) prohibit employers from discriminating against qualified employees because of a physical or mental disability. California law generally provides broader protections than federal law and requires employers to engage in a good-faith interactive process to determine appropriate workplace accommodations.

Disability discrimination can occur during:

• Hiring
• Promotions
• Job assignments
• Compensation decisions
• Discipline
• Performance evaluations
• Layoffs
• Termination

Discrimination also occurs when an employer refuses to provide reasonable accommodations or ignores an employee's medical restrictions.

California's disability discrimination laws protect more than employees with obvious physical impairments.

Depending on the circumstances, protection may extend to employees with:

• Physical disabilities
• Mental disabilities
• Chronic medical conditions
• Cancer
• Diabetes
• Epilepsy
• Anxiety
• Depression
• PTSD
• Learning disabilities
• A history of disability
• A perceived disability, even if the employer is mistaken

The law focuses on whether an employee can perform the essential functions of the job with or without reasonable accommodation.

Many employees assume they must choose between working without accommodations or leaving their job altogether.

In reality, employers are often legally required to provide reasonable accommodations that allow qualified employees to perform the essential functions of their position.

Reasonable accommodations may include:

• Modified work schedules
• Additional leave as a reasonable accommodation
• Ergonomic workstations or specialized equipment
• Modified job duties
• Accessible workspaces
• Remote work when appropriate
• Reassignment to a vacant position when appropriate

Employers are also generally required to participate in a good-faith interactive process with employees requesting accommodations. Failing to engage in that process may itself violate California employment law.

California law requires employers and employees to participate in a good-faith interactive process to identify reasonable accommodations.

That process often involves:

• Discussing job duties
• Reviewing medical restrictions
• Considering possible accommodations
• Evaluating alternative solutions
• Determining whether an accommodation would create an undue hardship

Simply denying an accommodation request without meaningful discussion may violate California law.

Disability discrimination is not always obvious.

Some of the most common situations include:

• Refusing reasonable accommodations
• Terminating an employee after a medical diagnosis
• Demoting an employee because of a disability
• Failing to engage in the interactive process
• Harassing an employee because of a disability
• Retaliating against an employee for requesting accommodations
  Refusing to return an employee to work after protected leave
  Treating employees differently because of physical or mental impairments

If any of these situations sound familiar, it may be time to speak with an experienced disability discrimination attorney.

Disability discrimination may also include unlawful harassment.

Examples include:

• Mocking a disability
• Offensive jokes
• Insults or ridicule
• Excluding employees because of a disability
• Constant questioning about medical conditions
• Hostile comments
• Intimidation
• Creating a hostile work environment

An isolated rude comment may not violate the law, but repeated or severe conduct based on a disability can.

Not simply because you have a disability.

Although California is generally an at-will employment state, employers may not terminate qualified employees because of a protected disability.

Some employers attempt to disguise unlawful discrimination as:

• Poor performance
• Attendance issues
• Restructuring
• Budget cuts
• Personality conflicts

An experienced employment attorney can review whether those stated reasons are supported by the evidence or whether they may be a pretext for unlawful discrimination.

Many employees mistakenly believe that once Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leave has been exhausted, their employer may immediately terminate their employment.

That is not always true.
In many situations, additional leave may qualify as a reasonable accommodation under the ADA or FEHA.

Employers may also have ongoing obligations to engage in the interactive process before making employment decisions.

Understanding how disability discrimination laws interact with medical leave laws can be complicated.

The Kaufman Law Firm helps employees evaluate whether their employer met its legal obligations under California and federal employment laws.

Helpful evidence may include:

• Accommodation requests
• Emails
• HR complaints
• Medical documentation
• Performance evaluations
• Disciplinary records
• Employee handbooks
• Witness statements
• Termination paperwork
• Text messages
• Internal communications

Employees should preserve documents they lawfully possess but should not remove confidential or proprietary company information.

Depending on the facts of your case, compensation may include:

• Back pay
• Front pay
• Lost benefits
• Emotional distress damages
• Reinstatement
• Attorney's fees when authorized by law
• Punitive damages in qualifying cases

The available remedies depend on the specific claims, the employer's conduct, and the evidence supporting the case.

Employment discrimination claims are subject to important filing deadlines.

For most disability discrimination claims under California law, employees generally must begin the administrative process with the California Civil Rights Department before filing suit.

Federal claims under the ADA may also require filing with the Equal Employment Opportunity Commission (EEOC).

Because the applicable deadlines depend on the circumstances of each case, employees should seek legal advice promptly rather than assuming they have years to act.

For more than two decades, The Kaufman Law Firm has represented California employees in complex employment law matters.

We understand how overwhelming workplace discrimination can be, especially when your health, career, and financial security are all at stake.

Our firm provides:

• Personalized legal representation
• Clear communication
• Experienced employment law advocacy
• Careful evaluation of accommodation issues
• Strategic guidance throughout your case
• Free case evaluations