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 employeeâs or applicantâs disability unless such accommodation will result in an undue hardship to the employer.Â
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.
California and federal laws protect a wide range of mental and physical disabilities. Mental disabilities include:
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.Â
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:
FEHA also includes the protections offered under the federal Americans with Disabilities Act (ADA). The ADA protects you if::
Understanding what a âmajor life activityâ 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:
Your major life activities also include the functioning of major body systems such as:
Most employers today are aware of these prohibitions. However, this awareness doesnât mean there is no discrimination; it just means itâs harder to identify. Some of the signs to look for include the following:
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.
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