The ADA establishes a critical national standard for prohibiting discrimination against qualified individuals with disabilities. It ensures that employees are protected and have employment opportunities if they have any impairment, whether physical or mental, that limits major life activities substantially.
Disability Discrimination
Disability Discrimination Lawyer in San Francisco
It is illegal for a California employer to discriminate against an employee based on a physical or mental disability. Further, California employers must provide reasonable accommodation for an employee’s or applicant’s disability unless such accommodation will result in an undue hardship to the employer.
If you believe you have suffered disability discrimination in employment, you should contact a discrimination lawyer immediately. The law allows you to sue for damages in response to such discrimination.
Disability Discrimination in CA
California and federal laws protect a wide range of mental and physical disabilities. Mental disabilities include:
- Bipolar or manic depressive disorder
- Clinical depression
- Schizophrenia
- Obsessive-compulsive disorder (OCD)
- Anxiety disorder
- Dementia
- Intellectual disabilities, so long as you can perform the essential tasks of the job
- Specific learning disabilities, so long as you can perform the essential tasks of the job
Mental disabilities do not include so-called impairments like sexual behavior disorders, compulsive gambling or stealing, pyromania, or impairments caused by drug or alcohol abuse.
Physical disability under FEHA can include diseases or disfigurements that affect your body and limit major life activities. These can be a physiological disease, certain disorders or conditions, cosmetic disfigurement, or an anatomical loss such as an amputation. Specifically protected permanent and temporary conditions include:
- Impaired eyesight, hearing, or speech
- Chronic diseases
- Hepatitis
- HIV/AIDs
- Diabetes
- Loss of a limb
- Cancer
- Pregnancy and childbirth
- Obesity, if involuntary
FEHA also includes the protections offered under the federal Americans with Disabilities Act (ADA). The ADA protects you if::
- have a physical or mental impairment substantially limiting one or more major life activities;
- have a record of having had such an impairment; or
- are being treated as if you had such an impairment.
Understanding what a “major life activity” is is essential since most of your protections are triggered by interference with one or more of them. These are the day-to-day activities that fully abled persons take for granted as part of life. If you are disabled, you may be affected in:
- Caring for yourself
- Performing manual tasks
- Seeing or hearing
- Eating
- Sleeping
- Walking or standing or bending
- Lifting
- Speaking or communicating
- Breathing
- Learning or reading or concentrating on tasks
- Thinking
- Working
Your major life activities also include the functioning of major body systems such as:
- Immune system
- Normal cell growth
- Digestive, bowel, and bladder systems
- Neurological and brain functions
- Respiratory systems
- Circulatory systems
- Endocrine
- Reproductive functions
Most employers today are aware of these prohibitions. However, this awareness doesn’t mean there is no discrimination; it just means it’s harder to identify. Some of the signs to look for include the following:
- Sudden changes in your job performance reviews after you become disabled
- Exclusion from essential meetings and events
- Change in work duties or workload increases after you become disabled
- Reduced hours or reduced pay
- Different rules involving workers with disabilities
- Making or failing to put a stop to jokes about disabilities in the workplace
- Refusing to respond to complaints about any of the above
Speak with a California Disability Discrimination Attorney
Disability discrimination in the workplace is always concerning. All persons are entitled to the dignity of work and should not be subjected to discrimination. If you think you have been the victim of disability discrimination, contact an experienced disability discrimination lawyer in San Francisco from Olivier & Schrieber PC to help you recover your appropriate damages.
FAQs About Disability Discrimination in California
What is considered a “reasonable accommodation” for employees with disabilities?
A reasonable accommodation is any adjustment to a job or work environment that enables a qualified employee with a disability to complete the essential functions of their job. This can include modifying work schedules, providing assistive equipment, or altering job duties. The accommodation must allow the employee to work effectively without imposing an “undue hardship” on the employer.
Am I able to file a claim if my employer retaliates against me for requesting an accommodation?
It is illegal for an employer to retaliate against you for requesting a reasonable accommodation for your disability. Requesting an accommodation is a legally protected right, and if you are punished for exercising it, you can file a claim.
How can I determine if my employer’s actions qualify as disability discrimination?
Discrimination is often subtle. If you feel you are being treated differently because of your disability, or if your reasonable requests are being ignored, it is a strong indication of discrimination. Consulting with an experienced attorney is a great way to legally evaluate your situation.
Can temporary conditions, like a broken leg, qualify as a disability under the law?
Yes, even temporary conditions may qualify as a protected disability if they limit a major life activity. While a minor, short-term impairment may not be covered, a condition like a severe broken leg that affects your ability to walk or work for a significant period can trigger your employer’s duty to provide a reasonable accommodation.
What Our Clients Say
