California employees are protected by the Fair Employment and Housing Act (FEHA), and federally, the Americans with Disabilities Act (ADA) and the Rehabilitation Act make it illegal to discriminate against a qualified individual who is an employee or applicant unfavorably because of a disability.
What is the Fair Employment and Housing Act Definition of a Disabled Person?
In California, a disability is defined by the Fair Employment and Housing Act as an actual or perceived physical or mental disability or medical condition that is disabling, potentially disabling or perceived to be disabling or potentially disabling, which limits a major life activity.
What is the ADA Definition of a Disabled Person?
The ADA defines an individual with a disability as a person who:
- Has a physical or mental impairment that limits one or more major life activities.
- Is regarded as having such an impairment.
- Has a record of such an impairment.
When applicants or employees with disabilities have the necessary experience, skills, and certifications for a job, and can perform its essential functions, employers are required by law to provide reasonable accommodations for their disabilities, if they do not cause undue hardship to the company.
What are Considered Reasonable Accommodations for Disabled Employees in California?
California employer accommodations may include restructuring the position around the employee’s disability by:
- Making changes to existing equipment and facilities to help disabled workers.
- Transferring an employee to the same job or similar job at a different location.
- Modifying an employee’s hours and days to allow time for required medical treatment.
- Allowing for a reasonable amount of unpaid medical leave.
Both the FEHA and ADA compliance requirements are mandated by law. If your employer is violating your rights as a disabled employee, or is discriminating against you because of your disability, contact the Leichter Law Firm for help today.
Contact the Leichter Law Firm, APC Employment Lawyer in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in California, to get the legal help you need to pursue your employer for their unlawful behavior, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.