The Differences Between Federal and California Disability Discrimination Laws
At the Leichter Law Firm, APC, the Los Angeles, California employment law attorney, Aryeh Leichter, represents California employees who have been discriminated against for their physical disabilities, mental disabilities, medical conditions, or genetic information.
Fortunately, these employees have multiple layers of discrimination protection provided by both the federal Americans with Disabilities Act and the state California Fair Employment and Housing Act (FEHA).
Though the ADA and FEHA are substantially similar in protecting the rights of disabled employees from unlawful workplace discrimination, they differ in some subtle but significant ways.
The FEHA Protects Workers in Smaller Companies than ADA
One key difference is that the ADA applies to employers with fifteen or more employees, and FEHA applies to companies with five or more employees.
The FEHA Defines a Disability in Broader Terms than the ADA
Under the ADA, a person is defined as having a disability when he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
The FEHA only requires that a physical or mental condition limit — as opposed to substantially limit — a major life activity. The difference is that individuals with short-term or temporary disabilities may qualify for protection under FEHA.
The FEHA Allows Employees to Pursue Additional Damages than the ADA
The ADA limits the amount of compensatory and punitive damages a disabled employee is entitled to pursue during an employment law claim, while the FEHA has no such cap on damages.
The FEHA Provides a Broader Range of Accommodations for Disabled Employees than the ADA
Finally, an employer’s duty to accommodate an employee’s disability is broader under the FEHA than the ADA. If your employer refuses to provide the necessary accommodations for your disability or has violated your state or federal protections in any way, contact the firm’s experienced disability discrimination lawyer in Los Angeles today to schedule a free consultation.
Contact the Leichter Law Firm, APC Disability Discrimination Attorney in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.