As an employee with a disability, you have certain rights and protections under California and federal law. These laws help to ensure you are not discriminated against in the workplace and are given equal opportunities for employment, promotion, and other job-related benefits. If your rights have been violated, speak with an employment lawyer to understand your rights and options to pursue accountability.
Disability discrimination in the workplace can take various forms, from refusal to hire to denial of a leave of absence through the Family and Medical Leave Act (FMLA). If you suspect you were discriminated against due to a disability, the leading employment lawyers at Blackstone Law are prepared to fight for the justice you deserve.
What Constitutes a Disability in the Workplace in California?
Employers are prohibited from discriminating against employees because of their disability. California and federal laws mandate employers to provide reasonable accommodations for employees to enable them to perform essential job functions unless doing so would create hardship for the employer.
According to the Fair Employment and Housing Act (FEHA), there are two types of disabilities, including the following:
- Physical disabilities: Includes any physiological disease, disorder, condition, or other type of condition that affects one or more body systems and limits a major life activity.
- Mental disabilities: Includes any psychological disorder or condition that limits life activity or any condition that requires special education or related services.
Using these definitions, an employer must assess whether the employee requires reasonable accommodations. Using an interactive process, employers should work with an employee to determine what sort of accommodations help them perform the essential functions of their job.
Reasonable Accommodation Rights as an Employee With Disabilities
The FEHA requires employers with five or more employees to provide accommodations for employees with disabilities and is more expansive than the Americans with Disabilities Act (ADA), which means California employees with disabilities often have an easier time getting accommodations than employees in other states.
The following are examples of reasonable accommodations in California:
- Ramps, lifts, or other methods of making locations accessible
- Extended time off work to allow an employee to visit medical professionals
- Permitting an employee to work from home
- Modifying deadlines or work hours
- Permitting an employee to bring an assistive animal or devices into the workplace
- Eliminating non-essential functions of a position as long as they can complete the essential functions
- Providing work materials curated to a disability, such as offering reading materials in braille or a sign language interpreter
- Reassigning the employee to another vacant position if their current position is not sufficient
- Adjusting training requirements, examinations, company policies, and company culture expectations to accommodate workers with disabilities
If your employer fails to provide reasonable accommodations upon request, speak with an experienced disability discrimination lawyer for an assessment of your case.
Contact the Leading Disability Discrimination Rights Lawyers at Blackstone Law
California employees with disabilities have the right to be treated fairly and equally. Unfortunately, disability discrimination still occurs in many workplaces. At Blackstone Law, we help you understand your rights and take legal action if you suffer from inadequate workplace accommodations.
Set up a free consultation with one of our leading employment lawyers by calling (310) 956-4054 or filling out a contact form today.