Being disabled can create numerous challenges, not least in the world of work. Regrettably, despite the existence of legal safeguards, some employers fail to recognize the rights of their disabled employees. Both California state law and federal legislation outline the illegality of disability-based discrimination. This refers to treating someone unfairly due to their disability.
Essential Functions and Reasonable Accommodation
For a disabled employee to be covered by federal and state law protections, they must be able to perform the essential duties of their job. If an employee requires a reasonable modification to fulfill their responsibilities, the employer is typically legally bound to provide this. However, if the accommodation constitutes an undue financial hardship for the employer, they might not be obligated to provide it.
The Americans with Disabilities Act
In 1990, Congress passed the Americans with Disabilities Act (ADA) with the clear goal of creating “firm, clear, enforceable standards to combat discrimination against people with disabilities.” The ADA applies to employers with 15 or more employees and it stipulates what constitutes a disability and a reasonable accommodation.
The Equal Employment Opportunity Commission (EEOC) enforces the ADA, which significantly transformed the treatment of disabled employees in the workplace. The EEOC manages complaints related to ADA violations and in certain cases, it can initiate legal action against employers in federal court.
The California Fair Employment and Housing Act
More than two decades before the ADA, the California legislature enacted a pioneering law that has been used as a blueprint for anti-discrimination legislation in many states. The Fair Employment and Housing Act (FEHA) mandates that employers with at least five employees comply with the law’s anti-discrimination provisions. The FEHA identifies four broad categories of workplace discrimination:
- Physical disabilities
- Mental disabilities
- Medical conditions
- Genetic conditions
The California Department of Fair Employment and Housing (DFEH) enforces the FEHA, aiming to “ensure non-discriminatory access to employment opportunities regardless of a person’s actual or perceived disability or medical condition.”
Comparing FEHA and ADA
The ADA does not prevent state or local governments from establishing stricter laws on disability discrimination. For instance, California’s FEHA applies to employers with at least five employees, whereas the ADA applies to those with 15 or more. Additionally, FEHA defines disability more expansively than the ADA. A significant distinction between the two is that the ADA imposes a cap on the monetary damages that can be awarded in a lawsuit, while FEHA does not.
If you experience disability discrimination at work, you may wish to consider legal action under the FEHA.
Seeking Legal Help
Proving workplace discrimination of any kind can be a challenging task. By engaging a seasoned employment lawyer, your odds of a successful outcome can greatly improve. An attorney can guide you in gathering the necessary evidence to persuade a judge to grant you compensation. Furthermore, your lawyer might be able to negotiate a settlement, thereby avoiding the stress of a trial. Contact us at PLBH at (800) 435-7542 for expert legal advice.