The State of California safeguards its workforce by preventing unjust discrimination against employees due to disability. The state mandates adherence to the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), outlawing discrimination based on physical or mental disabilities. Discriminatory acts are broadly defined within California.
Should you encounter unfair discrimination from an employer in Orange County during the hiring process, experience unjust compensation practices, encounter diminished responsibilities, or face obstacles in advancing within the company, you might consider legal action.
It’s essential to have proper representation when pursuing disability discrimination cases. The Law Office of Fahim Rahman is dedicated to advocating for clients across California including Orange County who have faced unjust employment actions and discriminatory treatment, including termination based on real or perceived disabilities.
Every disabled employee deserves the opportunity for meaningful employment and advancement in their desired profession. Employers have a responsibility to assist these employees through reasonable accommodations via a genuine interactive process.
Time constraints are significant when filing a case to safeguard your rights in the state of California, as the law imposes strict limitations. Therefore, prompt action is essential.
How the Law Defines Disability Discrimination
California’s Fair Employment and Housing Act (FEHA) defines disability broadly, encompassing a wider spectrum of conditions compared to the ADA, offering a more comprehensive coverage.
According to the FEHA, disability encompasses both physical and mental conditions that restrict one or more major life activities. This definition encompasses various physiological, mental, psychological, and developmental conditions. Major life activities, as defined by FEHA, are broadly interpreted to include physical, mental, social activities, and employment.
Additionally, California law acknowledges that even temporary or minor conditions can qualify as disabilities. It doesn’t mandate that a disability must severely or significantly restrict a major life activity to be considered limiting. This inclusive stance aims to safeguard a broader spectrum of individuals by acknowledging less severe impairments that still affect one’s life.
Individuals Qualifying for Protection Under the Law
To be eligible for disability discrimination protections, an employee in Orange County must demonstrate the capability to fulfill the essential job functions for which they were hired. If accommodations are necessary for the employee to perform their duties effectively, the employer is legally required to provide them, as long as they don’t impose a substantial financial burden or disrupt normal business operations significantly.
Employee Protections Against Disability Discrimination
The Fair Employment and Housing Act safeguards workers against various types of disability discrimination. According to California regulations, companies are not allowed to:
- Reject a job seeker because of their disability.
- Bar a potential worker from engaging in training, internships, or other preparatory programs because of their disability.
- Withhold proper payment from any worker due to their disability.
- Hinder an employee’s chances of progress or promotion, effectively trapping them in a stagnant role because of their disability.
- Fire an employee because of their disability.
If you’ve faced discrimination due to your disability or impairment, you have the right to pursue legal recourse against your employer. You might qualify for compensatory damages, punitive damages, and potentially even reinstatement to your previous position.
Reasonable Accommodations Under California Law
Interactive Process
Employers in California must adhere to legal requirements by promptly addressing requests for reasonable accommodations from employees or job applicants.
Upon receipt of a request for accommodation or awareness of the need for one, California employers are obligated to begin an “interactive process.” This process aims to remove obstacles that may hinder the employee’s ability to carry out job responsibilities effectively.
To conduct an accurate interactive process, employers should meticulously follow steps. This includes analyzing job requirements and assessing how reasonable accommodations can alleviate physical and/or mental restrictions for the employee.
Acknowledge the Request
An employee’s direct request for reasonable accommodations marks the beginning of the interactive process, especially when the request is formal and specific about accommodations related to their medical condition, or when it is informal, indicating challenges in performing job tasks due to their medical condition.
Even if the request lacks directness or explicitness, employers have the option to proactively provide accommodations that can help alleviate the employee’s difficulties.
As an example, if an employee in Orange County who uses a wheelchair requests a different size desk because the current one isn’t suitable for the wheelchair’s height, this would be recognized as a reasonable accommodation request.
Upon being made aware of the issue, the employer must respond promptly to the request, as delaying could potentially lead to an ADA violation. If there’s uncertainty or lack of clarity about the employee’s request, or if it’s unclear whether a request has been made, it’s wise to address these uncertainties early, seek clarification, and proceed as necessary.
Analyze the Request
The next step in the process involves the employer gathering all relevant information regarding the employee’s disability and the most effective way to provide the necessary accommodations. Sometimes, the nature of the employee’s disability and the appropriate actions for granting a reasonable accommodation request will be immediately clear.
When the employee’s disability and the appropriate remedy for granting a request are not immediately clear, it is essential for the employer to gather all necessary information to move forward.
During this step of the process, the employer must comprehend the scope and nature of the restrictions or limitations affecting the employee’s job performance, as well as identify which specific duties would benefit from reasonable accommodations. Gathering this information from the beginning is crucial to ensure the request is properly and promptly addressed.
When gathering the necessary information about an accommodation request, it is best to start by talking to the employee first. They can provide all the relevant facts about their disability and the required accommodations to perform their job duties. If the employee is unable to provide this information, the employer may request medical information and documents related to the employee’s condition.
However, it is extremely important to remember that an employer may only request medical records related to the condition for which a reasonable accommodation has been requested. Asking for the entire medical history of employees with disabilities can result in an ADA violation.
Explore Options for Satisfying the Request
After gathering all pertinent information about the employee’s disability and its impact on job performance, the employer can begin to evaluate various options for providing reasonable accommodations. The employee may already have some solutions in mind, or there may be only one or two prescribed options for addressing the limitations that affect job performance.
In cases where solutions are not readily apparent, consulting with the employee and their medical professional(s) can be useful in finding a solution. It’s important to consider suggestions from all stakeholders invested in the employee’s success in the workplace, and employers should welcome all relevant points of view.
Employers should also recognize that a reasonable accommodation request may lead to significant changes in how job duties are performed and completed. Reasonable accommodations involve making adjustments, but the primary focus should be on meeting the employee’s specific challenges in performing their duties.
Selecting the Right Accommodation
The best possible solution may be obvious, or there may be multiple options. 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 potential upheaval or disruption are typical factors to consider. It’s also important to remember that reasonable accommodations are not always permanent. Many employers will implement a solution on a trial basis to determine its effectiveness.
Occasionally, the accommodation becomes permanent, while in other cases, a different option is discovered to be more effective.
Once a decision is made, the accommodations are put into action. This process could be straightforward, requiring minimal to no disruption in the workplace. It might involve something as simple as adjusting the employee’s shift times or something slightly more complex, like installing specialized equipment or modifying existing fixtures.
Following Up with the Employee
After addressing the request and implementing reasonable accommodations, the employer in Orange County should periodically monitor the employee’s job performance to ensure the accommodations are effective and the employee’s needs or challenges haven’t changed. It’s possible that a current accommodation may not be the best solution in the future. Job roles can evolve, and an employee’s condition may improve or worsen, necessitating changes or adjustments to accommodations.
Fostering an open dialogue between employer and employee is crucial for ensuring mutual satisfaction in their working relationship.
Defining Undue Hardship for Reasonable Accommodations
Some employers might resist or decline to provide reasonable accommodations for disabled employees due to the perceived challenge or inconvenience of implementing such changes according to the law. However, the presence of inconvenience does not excuse any employer from adhering to California employment regulations. An employer might argue that fulfilling these accommodations would impose an undue burden on the business.
Undue hardship refers to any effort to provide reasonable accommodations to a disabled employee that would cause a substantial disruption to the normal functioning of the business or require a significant financial investment that would harm the employer.
When considering reasonable accommodations that might pose an undue hardship for the employer, the law considers several determining factors. These include the specific type of accommodation required, the associated costs, the size of the business, and the potential impact of the accommodation on daily business operations.
Hiring the Right Disability Discrimination Attorney in Orange County
Employers in Orange County who are confronted with disability discrimination often have proficient specialists supporting their case. If you’re among the countless disabled employees who’ve encountered job denials or terminations due to disability, it’s prudent to contact the Law Office of Fahim Rahman. Disabled employees merit professional representation to safeguard their rights and secure rightful compensation when legal action becomes necessary.
Reach out to us today and discuss how your disability has subjected you to workplace discrimination. The trajectory of your employment could hinge on this crucial conversation.