Examples of how disability discrimination can appear in a workplace include:
- Refusing to hire a qualified employee due to their disability or perceived disability
- Failure to engage in the interactive process
- Refusing to grant leave to which they are entitled under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA)
- Failure to reasonably accommodate your disability or medical condition
- Getting harassed or otherwise mistreated due to their disability or connection to someone with a disability
Ultimately, employees who can complete the job with reasonable accommodations should not be treated negatively and should be allowed to continue in their position without facing discrimination. In the event of discrimination, there are available routes to ensure your employer is held accountable for violating your labor law rights.
Who Is Protected?
The EEOC, ADA, and California’s FEHA specify the people who are protected under the law, but California has a broader definition of the people who can be protected under the disability statute. Protected individuals include:
- Those with any physiological disorder, disease, condition, anatomical loss, or cosmetic disfigurement that limits their ability to participate in activities such as walking, talking, working, hearing, seeing, or learning. Examples include epilepsy, multiple sclerosis, HIV/ AIDS, and diabetes.
- Those who have a permanent or temporary mental or physical impairment, including a condition that is not expected to last more than six months, such as depression, anxiety, a broken leg, or pregnancy
- Those with a history of a medical impairment or condition that is in remission, such as cancer
- Those whose employer believes them to have a physical impairment that is perceived as disabling, potentially disabling, or disabling
In California, any business with more than five employees is required to follow the FEHA and provide their disabled employees with reasonable accommodations.
The Interactive Process for Reasonable Accommodations
After an employee communicates with their employer that they have a disability, and might need accommodations for that disability, state law requires an interactive process between the employee and employer. The employer must timely, and in good faith, carefully consider the requested accommodation before granting or denying it. Your employer is obligated to accept the accommodation if it does not cause hardship for the employer. Examples of reasonable accommodations that you could expect to receive from your employer include:
- Being allowed to work from home
- A modified or more flexible work schedule
- Medical leave or extension of medical leave
- Reassignment to an available position
- Creating an accessible workspace
- Moving the employee from tasks not essential for the job
- Temporarily reducing the employee’s workload
- Policy adjustments or additional training
It is important to note that some accommodations would be considered unreasonable because of the impact on the employer. In these instances, the employer is not required to make the accommodation. The impact on the employer or coworkers is determined on a case-by-case basis, as different companies will be impacted differently. For example, a larger company will be able to make more accommodations than a smaller company. Qualities of unreasonable accommodations include:
- Undue Hardship: The accommodation is too big of a change or too expensive for the company.
- Remove Essential Job Functions: The accommodation eliminates the tasks listed in the job description.
- Causes Hardship or Displaces Other Employees: The accommodation request does not justify demoting, overworking, or hiring another employee.
If denied due to the above reasons, the two parties must communicate with each other to try to work towards an appropriate and reasonable accommodation that meets both their needs. The employer may request medical documentation to prove the existence of the disability and a second opinion, but they may not ask about the underlying medical causes of the disability.
If your employer refuses to engage in the interactive process or refuses to provide reasonable accommodations, you may be entitled to compensation and can potentially bring a claim against them for these actions. Working with an employment discrimination attorney can help you determine if you are facing disability discrimination and your options moving forward.
Filing for Damages Against Your Employer
If you are denied an otherwise reasonable accommodation, you have the option to file a claim against your employer. You can also file a claim if your employer:
- Harasses you due to your disability or requested accommodations
- Fires you after discovering you are disabled
- Fires you for requesting accommodations
- Retaliates against you for reporting their labor law violations
- Retaliates against you for filing the disability discrimination claim
Speaking to a Glendale discrimination attorney can help you determine which grounds are applicable in your case.
FAQs
Q: What If My Case Is Past the Statute of Limitations for Filing a Disability Discrimination Claim?
A: In most cases, not filing your case within the statute of limitations means you have no options for recovery. There is, however, one option that can be pursued: the Continuing Violations Doctrine. This doctrine states the statute of limitations can be extended if the employee can prove that some of the employer’s conduct fell outside the statute and that it was connected to similar conduct that took place within the statute.
Q: What Conditions Are Not Considered a Disability Under the FEHA?
A: Not all illnesses or conditions are protected under California’s Fair Employment and Housing Act. Some of the more common examples that are not protected include:
- Bruises
- Sprains
- Small cuts
- The common cold
- Influenza
- Compulsive gambling
Speaking with a discrimination attorney can help you determine if your condition is covered under the FEHA, what accommodations may be considered reasonable in your workplace, and how to discuss them with your employer.
Q: What Happens If My Employer Refuses to Accommodate My Disability?
A: Unfortunately, it is not uncommon for employers to deny accommodations. Your potential options depend on why your employer denied your request. If the request would cause hardship for the employer, they are not required to meet the accommodations. However, they are required to speak with you and, in good faith, attempt to find a reasonable accommodation. If your request is reasonable, you may be able to file a claim against your employer.
Q: What Is the Potential Compensation If I Win My Disability Discrimination Case?
A: If you or a loved one has been discriminated against in your workplace because of your disability, there are various types of compensation that you may be entitled to receive. Potential recompense includes:
- Reinstatement of your job
- Access to reasonable accommodations
- Back pay
- Pain and suffering damages
- Legal fees
- Court costs
Q: Do I Need to Speak With an Attorney If I Have Been Discriminated Against Based on My Disability?
A: You are not legally required to retain an attorney to file a disability discrimination claim against your employer or proceed with a claim. However, a discrimination lawyer has a thorough knowledge of the applicable laws in your situation and the procedures required to correctly file the legal paperwork. An attorney can help ensure that you stand on similar ground when facing your employer’s legal team.
Get an Attorney on Your Side
Having a disability discrimination attorney on your side while you are fighting your employer for your rights can make a dramatic difference in the outcome of your case. Their familiarity with the legal system, your rights, and proper courtroom procedures gives you an advantage as you take on your employer and their discrimination.
Nosrati Law, A Professional Law Corporation, has extensive experience with supporting our clients through disability discrimination and harassment cases. Our dedicated staff can work diligently to ensure that your rights are protected and that you are afforded an accommodating workplace.
Contact our office today to determine if you have standing for a disability discrimination case.
