Understanding Disability Discrimination
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a disability, a history of disability, or a perceived disability. This form of discrimination can take many shapes in the workplace and is prohibited under both federal and California state law.
Common examples of disability discrimination include:
- Unfair treatment: Being passed over for promotions, demoted, or terminated because of a disability rather than job performance.
- Harassment: Offensive remarks, jokes, or intimidation related to an employee's disability that create a hostile work environment.
- Improper medical inquiries: Employers asking intrusive or unnecessary questions about the nature or severity of a disability, or requiring medical examinations that are not job-related.
- Refusal of accommodations: Failing or refusing to provide reasonable workplace accommodations that would allow a qualified employee with a disability to perform their job duties.
ADA Protections
The Americans with Disabilities Act (ADA) is a federal law that prohibits disability discrimination in the workplace. Under the ADA:
- Covered employers: The ADA applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations.
- Protected individuals: The ADA protects individuals with physical or mental impairments that substantially limit one or more major life activities, such as walking, seeing, hearing, breathing, learning, and working.
- Scope of protection: The law covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, training, and benefits.
The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would impose an undue hardship on the employer's business operations.
California FEHA Protections
California's Fair Employment and Housing Act (FEHA) provides even broader protections for employees with disabilities than the federal ADA. Key differences include:
- Lower employer threshold: FEHA applies to employers with just 5 or more employees, covering far more workplaces than the ADA's 15-employee requirement.
- No substantial limitation requirement: Unlike the ADA, FEHA does not require that a disability "substantially" limit a major life activity. A condition only needs to "limit" a major life activity to qualify for protection.
- Broader conditions covered: FEHA protects a wider range of conditions, including many mental health conditions, chronic illnesses, and medical conditions that may not meet the ADA's stricter definition of disability.
- Stronger accommodation duties: California law places a greater obligation on employers to explore and provide reasonable accommodations before taking any adverse action against an employee with a disability.
The Interactive Process
Under both the ADA and FEHA, when an employee requests an accommodation or when an employer becomes aware that an employee may need one, the employer must engage in a timely, good-faith interactive process. This is an ongoing dialogue between the employer and employee to identify an effective reasonable accommodation.
Examples of reasonable accommodations include:
- Modified work schedules: Adjusting start times, break schedules, or allowing part-time work to accommodate medical appointments or treatment.
- Physical workspace modifications: Providing ergonomic equipment, accessible workstations, or removing architectural barriers.
- Job restructuring: Reassigning non-essential job functions or transferring the employee to a vacant position they are qualified to perform.
- Leave of absence: Providing additional unpaid leave beyond what is required by FMLA/CFRA for medical treatment or recovery.
- Assistive technology: Providing screen readers, voice recognition software, or other tools that enable the employee to perform their duties.
- Remote work: Allowing telecommuting or work-from-home arrangements when the employee's condition makes commuting or office work difficult.
An employer's failure to engage in the interactive process in good faith is itself a violation of the law, even if the employer ultimately provides an accommodation.
Proving a Disability Discrimination Claim
To succeed in a disability discrimination claim, you generally must demonstrate the following elements:
- A disability exists: You have a qualifying physical or mental disability, a history of such a disability, or your employer perceived you as having a disability.
- Qualified for the job: You are able to perform the essential functions of your position, with or without reasonable accommodation.
- Adverse action occurred: Your employer took a negative employment action against you, such as termination, demotion, denial of promotion, pay reduction, or failure to hire.
- Action resulted from disability: There is a causal connection between your disability and the adverse employment action — meaning your disability was a motivating factor in your employer's decision.
California law favors employees in disability cases. Under FEHA, you do not need to prove that disability was the sole reason for the adverse action — only that it was a substantial motivating factor.
How We Can Help
At Zaghi & Chrzan, LLP, our disability accommodations attorneys are committed to protecting the rights of employees who have been discriminated against or denied the accommodations they are legally entitled to. Here is how we support our clients:
- Thorough investigation: We conduct a detailed review of your employment records, communications, and the circumstances surrounding your claim to build the strongest possible case.
- Expert guidance: We help you understand your rights under both federal and California law and advise you on the best course of action for your specific situation.
- Aggressive advocacy: Whether through negotiation, mediation, or litigation, we fight relentlessly to hold your employer accountable and secure the compensation you deserve.
- Evidence gathering: We collect and preserve critical evidence, including medical documentation, employer communications, witness statements, and company policies, to support your claim.
- Contingency basis: We handle disability accommodation cases on a contingency fee basis — you pay nothing unless we win your case.
If you believe your employer has violated your rights by refusing to accommodate your disability or by discriminating against you because of a medical condition, contact us today for a free consultation.
What is a reasonable accommodation under California law?
A reasonable accommodation is a workplace adjustment that helps a qualified employee perform essential job duties, such as modified schedules, remote work, equipment changes, or leave.
What is the interactive process?
The interactive process is the employer’s duty to engage in a good-faith conversation with the employee to identify effective accommodations for a disability-related limitation.
Can I be fired after requesting an accommodation?
California law generally prohibits retaliation or disability discrimination when an employee requests a reasonable accommodation or asserts protected disability rights.