Disability Discrimination
It is against California law for an employer to discriminate against a person based on their disability. Under California law, employers are also required to provide reasonable accommodation for their disabled employees. Employees who are discriminated against based on their disability can file a lawsuit against their employer for damages.
California Disability Discrimination Laws
California law prohibits employers with five or more employees from discriminating based on an employee’s physical disability, mental disability, medical condition, or genetic condition.
Employees must be able to perform their essential job functions to qualify for these protections.
According to The California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act, if an employee requires an accommodation to do their job, the employer has a legal obligation to provide it, unless doing so would be significantly difficult or expensive.
In California, it is against the law for an employer to discriminate against an applicant because of their physical or mental disability. Employment discrimination based on a real or perceived disability is a violation of California and federal law.
The Americans with Disabilities Act (ADA) also protects applicants and employees from employment discrimination based on disability. The ADA and other employment anti-discrimination laws protect qualified individuals who can perform the essential functions of their job, with or without reasonable accommodation.
Under the FEHA, it is unlawful for an employer to discriminate against a person because of their disability in any aspect of employment. Disability discrimination is prohibited in any aspect of employment or hiring, including but not limited to:
- Refusing to hire
- Refusing to select for a training program
- Demotion
- Reduced pay
- Denying a promotion
- Denying reinstatement
- Denying benefits
- Forcing an employee to quit
- Harassment
- Assigning different duties
- Discrimination in any way
California employers are required by law to evaluate job applicants without regard for their actual or perceived disabilities. Employers cannot ask about the nature of an applicant’s disability, but they can ask whether they can perform job-related functions.
Employers cannot ask the applicant to take a medical or psychological exam if other prospective employees are not required to take such exams or if the examination is not job-related and consistent with business necessity.
Disability Discrimination Damages
An employee who prevails in a disability discrimination claim may recover damages that include back pay, front pay, lost benefits, compensatory damages for emotional distress, and punitive damages. They may also recover their attorneys’ fees and litigation costs.
California Disability Discrimination Lawyers
At Falakassa Law, our attorneys are committed to protecting your rights guaranteed by the Equal Employment Opportunity Commission (EEOC), the California Department of Fair Employment and Housing, and other state agencies.
If you have been a victim of disability discrimination, please call our office at 916-680-8486 to schedule your free consultation immediately.