You cannot be discriminated against for your disabilities. California employees and workers are protected by state laws that preserve their right to fair working environments, along with accommodations to help them overcome possible difficulties.

This post will talk about employment as a disabled employee, discrimination, and reasonable accommodations, as often faced by our prescreened Downey Employment Law Attorneys in California.


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Disability Discrimination And Accommodations In California Employment Law


It is illegal for an employer to discriminate against a person because of mental or physical impairment, according to the California Fair Employment and Housing Act (FEHA). In addition, the Americans with Disabilities Act (ADA) protects eligible employees and job candidates from disability-based employment discrimination.


What Is Considered A Disability In California Employment Law?


Physical and mental disabilities are both taken into account.


Employers are banned from discriminating against employees because of physical or mental disability under the FEHA. These disabilities might include:


  • Work-related injuries
  • HIV/AIDS
  • Epilepsy
  • Hepatitis
  • Seizure disorder
  • Diabetes
  • Clinical depression
  • Bipolar disorder
  • Multiple sclerosis
  • Heart disease

A condition must produce a "restriction" on a "major life activity" to be declared a disability under California law. However, unlike federal law, California law does not require a "substantial" limitation. This distinction is meant to offer California employees with more coverage than the ADA affords under federal law. 12926.1 of the California Government Code (c).


A physical or mental ailment or condition qualifies as a handicap under California law if it "limits a significant life activity" and makes physical, mental, or social activities, including employment, more difficult.


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What Counts As Workplace Discrimination In Downey, California?


According to CACI 2540, the plaintiff must be able to prove the following factors to establish an employment discrimination claim based on disability:

  • The plaintiff's employer was the defendant, or the plaintiff applied for a job with the defendant.
  • The employer was aware that the plaintiff was disabled.
  • With reasonable accommodations for his physical condition, the plaintiff could execute the necessary employment duties.
  • The defendant fired or refused to hire the plaintiff, or subjected the plaintiff to a hostile work environment, or the plaintiff was constructively fired.
  • The plaintiff's physical condition was a significant motivating factor in the defendant's decision to fire or refuse to hire them.
  • The plaintiff was harmed as a result of the defendant's actions.
Because they were considered disabled, the plaintiff does not need to show that the defendant harbored any malice or enmity toward them personally.


If your case qualifies as discriminatory under California employment laws, make sure to consult with a Downey Labor Law Attorney to help you file an employment claim.


Common Examples Of Workplace Disability Discrimination In California


Discrimination in the workplace because of a disability includes:

  • Refusing to hire or employ someone with a disability
  • Refusing to accept a disabled individual into a training program
  • A person with impairments should not be carried, fired, or discharged.
  • Pay reduction
  • Employee benefits are being denied
  • Denying opportunities for promotion
  • Demoting a disabled employee
  • Refusing to reinstate a disabled employee's job
  • Refusal to address HR complaints of discrimination

However, not all employment law cases are the same. As such, your case might not be listed in the examples above; however, that doesn't mean you have no solid grounds to file a discrimination claim against your employer.


To know whether you have enough grounds or evidence to pursue an employment claim, contact a prescreened Downey Employment Lawyer to help you.


What Are Reasonable Accommodations For Disabled Employees In Downey, California?


Any changes to the hiring process or the work environment that allows a person with a disability who is qualified for the position to perform the fundamental tasks of that job and enjoy equal employment opportunities is considered a reasonable accommodation.


While disability might bring a slight challenge, that doesn't mean that an employee cannot do excellent work.


Here are some examples of reasonable accommodations:

  • Changing a work schedule
  • Allowing part-time employment
  • Training materials, tests, and policies are being modified or adjusted
  • Providing readers or interpreters
  • Providing devices, equipment, or furniture that make the disabled employee's life easier

However, it should be noted that the accommodations are to be reasonable. Anything that causes difficulty for the employer might not qualify as "reasonable." For example, if an employer owns a small business, they might not be able to provide high-end equipment. However, they might negotiate alternatives that could still help a disabled employee.


california employment laws


Employee Discrimination Claims with DFEH And EEOC


A person can file with either the EEOC or the DFEH, depending on the type of case, the jurisdiction, and the type of discrimination case. The statute of limitations must be followed when filing claims. The employer has the right to submit a lawsuit as soon as they learn of the discriminatory behavior.


An investigation is launched after the agency receives a complaint from the employer. During this investigation, the agency will gather evidence of the employer's illegal behavior and proof of workplace discrimination if it is determined that it happened. One of the following actions can be taken by the agency:

  • Organize a meeting between the employee and the employee to reach an agreement;
  • Negotiate a fair settlement to resolve the dispute and reimburse the aggrieved worker;
  • A "right to sue" notice will be sent if settlement negotiations if the investigation fails or the agency decides not to pursue the matter. Then, if the employee so prefers, they can still file a case on their own.

That said, when you get a "right to sue," it will be up to you to file and pursue a claim legally. When this happens, it's best to have a Downey EmploymentLawyer to help you.


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