How the Law Defines Disability Discrimination
Disability in California is broadly defined by the California Fair Employment and Housing Act (FEHA), which extends its scope beyond that of the ADA, encompassing a broader range of conditions.
Under the FEHA, disability constitutes a physical or mental condition that hinders one or more major life activities. This definition encompasses a wide range of physiological, mental, psychological, and developmental conditions. Major life activities, as outlined by FEHA, are broadly interpreted to include physical, mental, social activities, and employment.
Moreover, California law recognizes that even temporary or minor conditions can constitute disabilities. It doesn’t insist that a disability must severely or significantly impede a major life activity to be classified as limiting. This inclusive approach seeks to protect a larger population by acknowledging less severe impairments that impact an individual’s life.
Individuals Qualifying for Protection Under the Law
In order to qualify for protections against disability discrimination, an employee in Los Angeles must be able to carry out the essential duties of their job. If the employee requires specific accommodations to perform their work, the employer is obligated by law to provide them, provided that they do not present a considerable financial burden or disrupt the business’s normal operations excessively.
Employee Protections Against Disability Discrimination
Upholding the Fair Employment and Housing Act ensures protection for employees against assorted forms of disability bias. In compliance with California statutes, businesses must refrain from:
- Rejecting a job applicant based on their disability.
- Blocking a potential employee from joining training sessions, internships, or similar preparatory activities due to their disability.
- Failing to provide adequate compensation to any employee because of their disability.
- Limiting an employee’s opportunities for growth or advancement, thus ensnaring them in a static position due to their disability.
- Dismissing an employee because of their disability.
Reasonable Accommodations Under California Law
Should an employee face challenges in performing essential job functions due to an impairment or disability, California law obligates employers to provide “reasonable accommodations” to enable effective job performance.
Defined as any alteration or adjustment in the employee’s work environment, a reasonable accommodation is intended to assist the employee in fulfilling their job responsibilities. If implementing these accommodations proves impractical, the employer may still be required by law to ensure the employee’s rights are protected. This could entail providing alternative employment options within the company or allowing the employee to work from home or in a more supportive setting for their impairment or disability.
Interactive Process
California law stipulates that employers must address requests for reasonable accommodations from employees or job applicants in a timely manner.
California law requires employers to initiate an “interactive process” upon receiving a request for accommodation or becoming aware of the need for one. The goal is to address any barriers preventing the employee from performing their job duties effectively.
For an accurate interactive process, employers should follow defined steps. These involve analyzing job requirements and evaluating how reasonable accommodations can address physical and/or mental restrictions impacting the employee.
Acknowledge the Request
The interactive process starts with a direct request for reasonable accommodations from an employee with a disability. This request may be formal, detailing specific accommodations related to their medical condition, or it could be informal, mentioning challenges in job tasks due to their medical condition.
In cases where the request is not explicitly direct, employers can still adopt a proactive stance by offering accommodations to alleviate the employee’s challenges.
If, for instance, an employee using a wheelchair in Los Angeles requests a desk of different dimensions because the current one doesn’t fit the wheelchair’s height, this request qualifies as a reasonable accommodation.
If the employer is informed of the issue, they should promptly respond to the request, as any delay could constitute an ADA violation. If there is uncertainty or lack of clarity regarding the employee’s request, or if it’s unclear whether a request has been made, it’s advisable to address these concerns promptly, seek clarification, and proceed accordingly.
Analyze the Request
The following step in the process requires the employer to gather all relevant details about the employee’s disability and figure out the best way to offer the necessary accommodations. In some cases, the employee’s disability and the ideal method for granting a request for reasonable accommodations will be instantly obvious.
In situations where the employee’s disability and the best course of action for granting a request are unclear, it is crucial for the employer to gather all necessary details to proceed appropriately.
During this phase, the employer must understand the scope and nature of the restrictions or limitations impacting the employee’s job performance, and identify which duties specifically would benefit from reasonable accommodations. Collecting all necessary information from the outset is important to properly and timely address the request.
When gathering the proper information about an accommodation request, it’s most effective to start by speaking with the employee, who can provide all the pertinent facts about their disability and the needed accommodations to perform their job duties. If the employee is unable to provide this information, the employer may request medical information and documentation related to the employee’s condition.
Importantly, employers must remember that they can only request medical records relevant to the condition for which the reasonable accommodation is being sought. Asking for the entire medical histories of employees with disabilities can be grounds for an ADA violation.
Explore Options for Satisfying the Request
Once all pertinent details about the employee’s disability and its impact on job performance are assembled, the employer can start exploring the various options for reasonable accommodations. The employee may already have some ideas, or there may be only one or two specific solutions to address the limitations affecting job performance.
In situations where solutions are not obvious, consulting with the employee and their medical professional(s) can be beneficial in identifying a solution. It’s important to hear suggestions from all stakeholders in the employee’s workplace success, and employers should consider all relevant points of view.
Understanding that a reasonable accommodation request might lead to substantial changes in job performance and completion is crucial for employers. While reasonable accommodations imply making adjustments, the main focus should be on effectively meeting the employee’s specific challenges in the workplace.
Selecting the Right Accommodation
The best possible solution might be evident, or there may be several alternatives. The employee’s input should be encouraged and taken into account, but the final decision is the employer’s responsibility. Factors such as the cost of implementation and potential disruptions are typically considered. It’s also crucial to remember that reasonable accommodations are not always permanent; many employers try out solutions on a trial basis to determine their effectiveness.
There are times when the accommodation becomes permanent, and other times when a different option is found to be more effective.
After a decision is made, the accommodations are carried out. This could be a straightforward process with minimal disruption in the workplace. It might involve something as simple as adjusting the employee’s shift times or something more complex, such as installing specialized equipment or making modifications to existing fixtures.
Following Up with the Employee
After addressing the request and implementing reasonable accommodations, employers in Los Angeles should periodically assess the employee’s job performance to verify the effectiveness of the accommodations and ensure the employee’s needs or challenges haven’t changed. It’s possible that a current accommodation may not be optimal in the future. Job roles can evolve, and an employee’s condition may improve or worsen, requiring adjustments to the accommodations.
Ensuring satisfaction in the working relationship requires maintaining an open dialogue between employer and employee.
Defining Undue Hardship for Reasonable Accommodations
Employers could push back or reject the idea of offering reasonable accommodations to disabled employees because they perceive the process as complex or inconvenient under the law. Nevertheless, compliance with California employment statutes remains mandatory regardless of any inconvenience. Employers may assert that meeting these accommodations would create an undue hardship for the business.
The concept of undue hardship encompasses any endeavor to furnish reasonable accommodations to a disabled employee that would result in a significant disruption to the regular operations of the business or entail a substantial financial burden that would adversely affect the employer.
In cases where reasonable accommodations could impose an undue hardship on the employer, the law evaluates various factors to make a determination. These factors include the nature of the accommodation needed, its cost, the size of the business, and how implementing the accommodation might affect day-to-day business activities.
Hiring the Right Disability Discrimination Attorney in Los Angeles
Employers in Los Angeles who are dealing with disability discrimination typically enlist skilled professionals to advocate for their interests. If you find yourself among the numerous disabled employees facing job rejections or dismissals due to disability, consider reaching out to the Law Office of Fahim Rahman. Disabled employees deserve expert legal representation to uphold their rights and pursue the compensation they’re entitled to under the law.
Contact us now to explore how your disability has made you a victim of workplace discrimination. The continuation of your career might be at stake.