What Qualifies as a Disability in California?
The state of California dictates that employers must adhere to the Fair Employment & Housing Act (FEHA), which defines a disability as either: Physical (any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects one or more major body systems and limits a major life activity), mental (any mental or psychological disorder or condition that limits a major life activity) or a
medical condition (any health impairment related to or associated with a diagnosis
of cancer, or a record or history of cancer[TK1] , or genetic characteristic).
FEHA also protects against
discrimination based on a perceived disability or being associated with someone who has a disability. It is important to note that FEHA's definition is broad and aims to encompass a wide range of conditions to ensure comprehensive protection for individuals with disabilities. In the workplace, any condition that interferes with the performance of a major life activity is considered a disability under California law.
These disabilities can vary in duration, from permanent conditions to temporary setbacks. Regardless of the duration, the regulations remain consistent. It is unlawful for an employer to subject individuals with disabilities to less favorable treatment compared to other employees solely based on their disability. It is important to note that for a claim of disability discrimination to hold ground, the employee must be genuinely disabled or perceived as such and must possess the qualifications required for the job position.
What Protections Does The State Offer?
In California, individuals with disabilities benefit from the protection of two primary legislative acts: The Americans with Disabilities Act (ADA) at the federal level, and California’s Fair Employment and Housing Act (FEHA) at the state level.
- The Americans with Disabilities Act (ADA): Enacted in 1990, the ADA is a federal law designed to establish clear, robust, and enforceable standards against discrimination faced by individuals with disabilities. It prohibits employers with 15 or more employees from discriminating against disabled individuals capable of performing essential job functions, even if they need reasonable accommodations. The law sets criteria for determining disability and outlines what accommodations are considered reasonable. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA, issuing regulations and settling complaints.
- The Fair Employment & Housing Act (FEHA): Dating back to 1959 FEHA is California's equivalent of the ADA. It aims to remedy discrimination and safeguard employee rights. Under FEHA, employers with five or more employees are prohibited from discriminating based on physical or mental disabilities, medical conditions, or genetic information. The Civil Rights Department (CRD) enforces FEHA, offering a complaint resolution process for aggrieved employees.
So, what does each law comprise and how are they different?
While FEHA predates the ADA, significant revisions in 1992 aligned it closely with federal law. Despite similarities, FEHA often provides greater protection for disabled employees. Notably, the ADA allows states to enact laws offering equal or stronger employee protections. California, therefore, requires compliance with the most stringent standards.
Key distinctions between FEHA and the ADA include FEHA's broader definition of "disability," unlimited damages recoverable under FEHA, its applicability to employers with five or more employees, and broader obligations for reasonable accommodations compared to the ADA. As FEHA grants more rights to employees, it is frequently the preferred avenue for relief in legal claims against employers.
What To Do if an Employer Doesn’t Comply?
California legislation safeguards employees from various forms of discrimination. Specifically, employers are prohibited from refusing to hire an individual based on their disability, declining to choose an individual for a training program with potential employment due to the prospective employee's disability,
terminating an employee due to their disability, offering lower compensation to an employee because of their disability, or imposing restrictions on other job-related terms, conditions, or privileges.
In cases where an employee's disability affects their ability to perform their essential job duties, California law mandates that employers make reasonable accommodations. Reasonable accommodation involves adjusting the employee's work environment to facilitate the performance of essential job functions.
If, in the current position, there is no feasible way to accommodate the employee's disability, the employee may still retain rights. For instance, the employer might be obligated to inform the employee of other suitable job opportunities within the company.
Conclusion
If your employer flatly
rejects accommodations for your disability, engages in
disparate treatment based on your condition, or subjects you to
verbal abuse, you are encountering
discrimination. In such instances, you have the right to hold your employer legally accountable for the challenges you have endured due to their actions.
An experienced employment law firm can provide guidance, support, and legal representation to help you pursue justice and hold your employer accountable for their actions. Our experienced labor rights lawyers at
Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity.
Call
844-697-4448 today for a free and confidential consultation to get the help you need and deserve.
