The federal American with Disabilities Act of 1990 (“ADA”) and the California Fair Employment and Housing Act (“FEHA”) both forbid employers from discriminating against qualified employees on the basis of the employee’s disability or perception that the employee is disabled.
The ADA and FEHA also require employers to provide “reasonable accommodations” and to conduct a good faith, timely, interactive process with the employee to determine a possible reasonable accommodation.
An employer is forbidden from treating an employee or applicant unfairly because of an actual or perceived disability, or a disability they suffered in the past, or because the employee needs to provide care for a person suffering from a disability, in any facet of employment, including but not limited to: hiring, firing, promotions, pay, layoff, and training. Unless providing reasonable accommodation to an employee or applicant with a disability would cause the employer undue hardship, the employer is required by law to provide reasonable accommodation to the employee or applicant.
Both laws prohibit discrimination against employees who have a physical or mental impairment. In order to qualify as a disability, the physical or mental impairment must limit how the person performs a major life activity (under the ADA however, the physical or mental impairment must “substantially” limit a major life activity). Major life activities include things such as working, seeing, hearing, sleeping, breathing, walking, thinking, learning, and the operation of major bodily functions. Also, an employee is considered disabled even if mitigating measures reduce the severity of the disabling condition. For example, the use of medication, medical devices, or technology would be a mitigating measure.
The law also prohibits discrimination against employees who are “regarded” as having a disability. For example, the law protects employees from employers who refuse to hire employees with a disability because of the employers’ perception that the employee could not do the work.
If you believe you have been discriminated against due to an actual or perceived disability, we can help protect your rights. Call the attorneys at Tash Law Group for a free consultation.
All employment cases are taken on a contingency fee basis. We do not get paid unless you recover.