Fahim Rahman

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In the state of California, employees are protected from employers committing unfair discriminatory acts against them based on disability. Under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), disability discrimination is prohibited, regardless of whether an individual is dealing with a physical or mental impairment. California defines discrimination very broadly.
If you were unfairly discriminated against by an employer who denied you a position of employment at the hiring stage, prevented you from receiving fair compensation, reduced your responsibilities, or blocked you from opportunities for promotion within the company, you may have grounds to file a lawsuit.
Disability discrimination cases should never be pursued without having experienced representation on your side. The Law Office of Fahim Rahman has been vigorously defending the rights of clients who have suffered adverse employment actions and illegal discrimination due to employers termination based on actual or perceived disabilities.
A disabled employee has every right to be gainfully employed and pursue a career in their chosen field and it’s the employer’s obligation to support that employee through reasonable accommodations by a good-faith interactive process.
Federal and state laws forbid discrimination and if you or someone you love has experienced some form of employment discrimination, Call us to discuss what happened, and our expert with experience in disability discrimination cases can advise you on whether or not you have a case and what steps to take next.

The law substantially limits the time you have to file a case and protect your rights in the state of California, so don’t delay.

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How the Law Defines Disability Discrimination

In California, disability is defined broadly under the California Fair Employment and Housing Act (FEHA). The FEHA provides a more expansive definition compared to the ADA and covers a wider range of conditions.

Under the FEHA, a disability can be either a physical or mental condition that limits one or more major life activities. The definition includes, but is not limited to, conditions that are physiological, mental, psychological, or developmental in nature. Major life activities under FEHA are broadly interpreted and include physical, mental, and social activities and working.

Furthermore, California law also recognizes conditions that are temporary or minor as disabilities, and it does not require a disability to severely or significantly restrict a major life activity to be considered as limiting. This inclusive approach aims to protect a greater number of individuals by recognizing less severe impairments that nonetheless impact a person’s life.

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Individuals Qualifying for Protection Under the Law

In order to qualify for disability discrimination protections, an employee must have the ability to perform the essential functions of the job that he or she has been hired to do. If that employee needs specific accommodations in order to perform their work successfully, the employer is legally obligated to supply the employee with those accommodations, so long as they don’t represent a significant monetary expense or pose undue hardship or stress on the normal everyday operations of the business.

Employee Protections Against Disability Discrimination

The Fair Employment and Housing Act protects employees from multiple forms of disability discrimination. Under California law, employers are prohibited from the following:

  • Deny employment to a job applicant due to their disability
  • Prevent a prospective employee from participating in a training program, internship, or other form of preparatory course for potential employment due to their disability.
  • Fail to pay any employee fair compensation due to their disability.
  • Refrain from offering an employee opportunities for advancement or promotion, thus effectively keeping that employee in a dead end position as a result of their disability.
  • Terminate the employment of an employee due to their disability.
If you have been discriminated against as a result of your disability or impairment, you can take legal action against your employer. You may be entitled to compensatory damages, punitive damages, and maybe even get your old job back.
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Reasonable Accommodations Under California Law

In the event an employee has an impairment or disability that negatively affects their capacity to perform the essential functions of their job, employers in the state of California are required by law to make “reasonable accommodations” for that impairment or disability to allow for the employee to complete their work effectively.

A reasonable accommodation is any change or adjustment in the employee’s work space that offers support to help that employee perform their job. If such accommodations cannot be made, the employer may still have a legal obligation to protect the rights of that employee. Alternative employment opportunities within the organization may be made available or the employee may be allowed to work from home or some other environment more suitable for supporting the employee’s impairment or disability.

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Interactive Process
Interactive Process

When an employee or job applicant makes a request for reasonable accommodations, the employer must address the request in a timely manner in accordance with California law.

Once an explicit request is issued or the employer is made aware of the need for such accommodation, an “interactive process” must be initiated for the purpose of eliminating any obstacles or barriers that interfere with the employee’s ability to perform duties and meet the responsibilities of the job position.

In order to engage in an accurate interactive process, the employer should follow these prescribed steps for conducting a personalized analysis of the job requirements and the physical and/or mental restrictions that can be alleviated through providing reasonable accommodations to the employee.

Acknowledge the Request
Acknowledge the Request
The interactive process begins with a direct request for reasonable accommodations from an employee who has a disability. The request can be precise in tone, formally asking for specific accommodations related to his or her medical condition, or the employee may casually indicate that he or she is having difficulty performing the tasks of the job due to a medical condition.
Although the latter request is not direct or explicit in nature, the employer can take a proactive approach to providing the employee with accommodations that can alleviate the difficulty.
For example, if an employee who uses a wheelchair asks for a different size desk because the current one can’t accommodate the height of the wheelchair this would be considered a reasonable accommodations request.
Once the employer is made aware of the problem, he or she must respond to the request quickly as a delay could be grounds for an ADA violation. If an employer is unsure or unclear as to the employee’s request or if a request is being made at all, it’s best to address the confusion at the start to gain clarification and proceed accordingly.
Analyze the Request
Analyze the Request
This next step in the process requires the employer to gather all pertinent information related to the employee’s disability and how best to grant the necessary accommodations. In some cases, the disability of the employee and the best course of action for granting a request for reasonable accommodations will be immediately apparent.
In situations where the disability of the employee and the proper remedy for granting a request are not so obvious, it’s crucial for the employer to gather all of the information necessary to proceed.
During this step of the process, the employer needs to understand the scope and nature of the restrictions or limitations impacting the employee’s job performance and which duties in particular would benefit from providing reasonable accommodations. It’s important to get all of this information from the outset, so the request can be properly and correctly addressed in a timely fashion.
When gathering the proper information about an accommodation request, it’s best to start by talking to the employee first as he or she can provide all of the pertinent facts related to their disability and the necessary accommodations for performing the duties of the job. In those situations where the employee is unable to supply that information, the employer may request medical information and documents related to the employee’s medical condition.
But it’s extremely important to remember that an employer may ask only for the medical records related to the condition for which a reasonable accommodations request has been made. Requesting entire medical histories of employees with disabilities can be grounds for an ADA violation.
Explore Options for Satisfying the Request
Explore Options for Satisfying the Request
After assembling all of the pertinent information regarding the employee’s disability and the limitations it poses related to job performance, the employer can begin to weigh the various options that might exist for providing reasonable accommodations. The employee may already have some solutions in mind or there may only be one or two prescribed options for addressing the limitations that impact job performance.
But in cases where these solutions are not so readily apparent, consulting with the employee and his or her medical professional(s) can be useful in finding a solution. It’s important to hear suggestions from all stakeholders in the employee’s successful outcomes in the workplace and employers should invite all relevant points of view.
Employers should also understand that a reasonable accommodations request may result in significant changes in the way job duties are performed and completed. Reasonable accommodations means just that – reasonable changes or adjustments made – but what’s best for meeting the employee’s specific challenges for performing his or her duties in the workplace should be top priority.
Selecting the Right Accommodation
Selecting the Right Accommodation
The best possible solution may be obvious or there may be multiple possibilities. While the employee’s input should be considered and encouraged, the final decision lies with the employer. The cost of implementing the accommodation and any upheaval or disruption that could result are typical factors that play a role but it’s also important to keep in mind that reasonable accommodations are not always permanent. Many employers will implement a solution on a trial basis to determine how effective it can be.
Sometimes the accommodation becomes permanent, sometimes another option is found to be more effective.
Once a selection is made, the accommodations are implemented. This could be a very simple process that requires little to no change or upheaval in the workplace. It might be something as simple as changing the employee’s shift times or a little more complex such as the installation of special equipment or modifications of existing fixtures.
Following Up with the Employee
Following Up with the Employee
After the request has been addressed and reasonable accommodations made, the employer should check in periodically on the employee’s job performance to make sure the accommodations are working and the employee’s needs or challenges haven’t changed. It’s possible that one type of accommodation now may not be the best solution in the future. In some cases, the job may evolve, the employee’s condition may improve or get worse in which case changes or adjustments to the accommodations might be required.
Maintaining an open dialogue between employer and employee is the best plan of action for ensuring that both parties are satisfied with the working relationship.
Defining Undue Hardship for Reasonable Accommodations
Defining Undue Hardship for Reasonable Accommodations
Employers may bristle or refuse to make available reasonable accommodations for disabled employees because of the difficulty or inconvenience associated with making such accommodations under the law. While an inconvenience does not exempt any employer from meeting compliance with California employment law, an employer may claim that doing so would place an undue hardship on the business.
Undue hardship is defined as taking any action to offer reasonable accommodations to a disabled employee that would represent a major interruption to the natural operation of the business or a significant financial commitment that would negatively impact the employer.
The law takes a variety of determining factors into account when reasonable accommodations are necessary but could pose an undue hardship for the employer. These include the type of accommodation needed, the cost of supplying that accommodation, the size of the business, and the impact such an accommodation would have on the daily operations of the business.
Hiring the Right Disability Discrimination Attorney

Hiring the Right Disability Discrimination Attorney

Employers who have faced disability discrimination have highly-skilled experts on their side. If you are one of the millions of disabled employees who have been denied employment or lost a job due to their disabled status, then it’s time to call the Law Office of Fahim Rahman. Employees with disabilities should have the same benefits of expert representation when there is no other recourse but the law for protecting your right and getting the compensation you deserve.

Give us a call today and let’s talk about how your disability made you the target of discrimination in the workplace. The future of your employment may depend on it.

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