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Disability Discrimination FAQs

The lawyers at The Law Office of Omid Nosrati have more than 20 combined years of experience representing workplace discrimination and harassment clients in Southern California. and throughout The Golden State. If you have a disability discrimination case on your hands in Los Angeles, we’re your source for trustworthy legal advice and honest answers to your questions. Use this FAQ page to learn more about these types of claims, and how our firm can help.

What Qualifies as a Disability Under California State Law?

A handful of different laws in California protect people with disabilities from employer discrimination, as well as discrimination from housing providers and other establishments. The law defines the parameters of a “disability,” although what qualifies as a disability can change on a case-by-case basis. The following are disabilities the law recognizes:

  • Challenges such as loss of limb.
  • Chronic diseases such as diabetes and AIDS.
  • Chronic psychological diseases such as depression or bipolar disorder.
  • Intellectual, cognitive, or mental disabilities.
  • Learning disabilities.
  • Pregnancy, childbirth, and related medical conditions.
  • Speech, hearing, or eyesight impairments.
  • Other conditions that limits a major life activity (examples may include bodily injuries).

Medical conditions such as Cancer and Diabetes are also protected. To learn if your condition qualifies as a disability in California, speak to one of our Los Angeles disability lawyers. We understand state and federal discrimination laws and can help you understand your legal rights and options.

What Qualifies as “Reasonable Accommodation?”

The California Fair Employment and Housing Act (FEHA) requires all employers with at least five employees to offer “reasonable accommodation” for employees with physical or mental disabilities. Refusing reasonable accommodation is a form of disability discrimination, punishable as an unlawful act. Examples of reasonable disability accommodation include:

  • Coming up with a job reassignment.
  • Changing the duties of a job.
  • Offering paid or unpaid medical leave for disability-related care.
  • Altering work schedules to accommodate a disability.
  • Relocating the employee’s office or work area.
  • Providing aids such as wheelchair ramps or other mechanisms.

What is “reasonable” depends on the situation, but the employee cannot expect anything that would cause “undue hardship” to the employer. There is no limit on what accommodations an employer must provide, as long as they are within reason. When an employee requests a disability accommodation, an employer must engage in a timely and good faith “interactive process” to come up with a resolution.

Can an Employer Ask Me for Details About My Disability?

In most cases, no. While it is legal for an employer to request certification if you ask for accommodation for a disability, he or she cannot request copies of your medical records or ask for details about your disability. The same is true if you’re a job applicant. Questioning the extent, severity, or nature of your disability is discrimination, as is requesting you submit to any tests or exams that the employer doesn’t impose upon other applicants.

What Can I Do About Disability Discrimination?

As an employee with disabilities in California, the law is on your side. As soon as you suspect an employer of discrimination because of your disability or medical condition, contact a Los Angeles employment attorney at The Law Office of Omid Nosrati. We have extensive experience handling discrimination and harassment claims in Los Angeles and can help you identify whether or not you’re a victim of this crime.