Have you ever wondered what your rights are in the workplace? In today’s post, we will discuss disability discrimination and how California law protects employees who are or become disabled. We have previously written about what is a disability under the California Fair Employment and Housing Act (FEHA). An employee is considered disabled under the FEHA if the employee has a physical or mental condition that limits a major life activity. Working is a major life activity. If an employee is disabled, then the employer is required to engage in a timely, good faith effort interactive process to find reasonable accommodations for the employee. What does this all mean?
An employee can request a reasonable accommodation from the employer by providing a doctor’s note, for example. Employers can become aware of the employee’s disability if the employee got injured at work and has trouble performing work since or has gone on a medical leave. By the way, an employee does not have to be injured at work to have a disability for purposes of the FEHA. Any physical or mental condition that limits a major life activity is a disability.
Employers are not required to accommodate a disability if doing so would cause undue hardship to the Employer. The employer will analyze the employee’s position and determine the essential functions. Then, the employer and the employee work together to identify reasonable accommodations that would allow the employee to do his or her job. Examples of reasonable accommodations include:
– Providing wheelchair access to the employer’s facilities
– Providing assistive aids to help the employee perform the job, such as voice recognition software for blind employees
– Modifying the work schedule to allow employees to take more frequent breaks or work from home, if feasible
– Modify the employer’s policies
These are just a few examples of reasonable accommodations that have been successfully implemented in many workplaces. An employee should play an active role whenever possible to ensure that his or her rights are protected.
Disability discrimination and FEHA are constantly evolving. We believe that all employees have rights to a safe workplace. Stephen Danz & Associates is an experienced Los Angeles employment law firm. We have represented hundreds of employees in all industries across California. We are happy to talk to you and advise you about your rights. The first consultation is always free. You can reach us at (877) 789-8707 or at https://www.employmentattorneyca.com/contact-us/