Have you or a loved one suffered disability discrimination in the Bay Area? California state law protects workers and others from discrimination in employment and in other circumstances. Let’s examine some of these circumstances. The primary statutes covering most of these issues are the California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act.
Anyone who suspects they experienced disability discrimination should speak with Olivier & Schrieber LLP immediately.
Workers receive protection from discrimination in employment in a variety of ways. Similarly, state law forbids discrimination by sellers, landlords, and any other persons providing housing-related services. The law also requires these individuals and business establishments, in general, to make reasonable accommodations so that people with disabilities can perform their jobs, find equal housing opportunities, and gain equal access to services and businesses. Finally, FEHA, Unruh, and the DPA ensure equal access to public spaces.
Employment is one area where disability discrimination can be widespread. So, the law requires employers to offer reasonable accommodation to an applicant or employee with a disability. They must evaluate applicants without regard to their actual or perceived disabilities. They cannot inquire about the severity or nature of the disability nor require medical or psychological exams not usually given to other prospects. They can, however, ask about an applicant’s ability to perform job-related functions and respond to a request for a reasonable accommodation.
Be warned that they are also permitted, but not required, to ask for medical certification of a disability. Finally, if there is a question of what accommodations are possible or will allow an employee or applicant to do the job, employers must engage in a good-faith interaction with the person who needs the accommodation.
In California, disabilities are defined very broadly. They include conditions that limit a major life activity, including mental and physical disabilities (with exceptions noted below) and medical conditions like cancer and HIV/AIDS. California protections are often broader than those under federal law.
However, you should be aware that California doesn’t cover every possible workplace issue. First, California law excludes certain mental health problem classes from anti-discrimination rules. These excluded conditions include compulsive gambling, pyromania, pedophilia, and kleptomania. Likewise, substance abuse disorders involving current, unlawful drug usage are not covered.
If you believe you have suffered disability discrimination in San Francisco or the Bay Area, you should retain experienced legal counsel as soon as possible. Depending on the facts and circumstances of your case, you may be entitled to receive the following:
Let our knowledgeable and experienced attorneys help you recover the damages you deserve for disability discrimination. Contact us today for an initial consultation and case evaluation.
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