The American with Disabilities Act prohibits employers from engaging in conduct that is discriminatory and based on the employee's disability. Also, the American with Disabilities Act requires that employers make reasonable accommodations so that workers with disabilities can obtain or continue their employment. Reasonable accommodation means the employer must be willing to consider making changes in its ordinary work rules, facilities, terms, and conditions in order to enable a disabled individual to work so long as it does not impose an undue hardship of the operation of the business.
To prevail in an ADA action for disability discrimination, the plaintiff must show that he or she is an employee, has a disability, is a qualified individual capable of performing the essential functions of the job either with or without reasonable accommodation, and was unlawfully discriminated against because of his or her disability. In an ADA action for reasonable accommodation, the employee bears the burden of proving that a particular accommodation would allow him or her to perform the jobs essential functions and that the requested accommodation is reasonable to the employer. An employee alleging an ADA may receive backpay plus compensatory damages and punitive damage if it is shown that the employer violated the ADA.
The California Fair Employment and Housing Act prohibits employment discrimination on the basis of physical disability, mental disability and mental condition that limits a major life activity. Like the ADA, an employer is required to make reasonable accommodation for the known disabilities of its employees. Additionally in California, employers are required to engage in an interactive process where the disabled employee and the employer communicate about possible reasonable accommodations.
The Fair Employment and Housing Act broadens the protection compared to under the ADA. FEHA applies to employers with five or more employees, whereas the ADA applies to employers with 15 or more employees.
We are California's largest statewide law firm that's dedicated to representing employees in disputes against their employers. Stephen Danz & Associates based in Los Angeles, California, protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees in they have not been paid the proper wages including overtime or minimum wage or given the proper meal breaks. If you believe that you are the victim of harassment, contact one of our Disability Discrimination Lawyers in California to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.