How the Law Defines Disability Discrimination
The California Fair Employment and Housing Act (FEHA) defines disability broadly, going beyond the ADA’s scope to include a wider array of conditions.
As per the FEHA, disability refers to a physical or mental condition that restricts one or more major life activities. This definition encompasses various physiological, mental, psychological, and developmental conditions. Major life activities under FEHA are broadly construed to include physical, mental, social activities, and employment.
In addition, California law acknowledges that even temporary or minor conditions can be deemed disabilities. It doesn’t require a disability to severely or significantly restrict a major life activity to be considered limiting. This inclusive strategy aims to protect more individuals by recognizing less severe impairments that still affect one’s life.
Individuals Qualifying for Protection Under the Law
For an employee in San Francisco to be eligible for protections against disability discrimination, they must possess the capability to fulfill the essential job responsibilities. Should the employee need accommodations to perform their duties effectively, the employer is legally obliged to provide them, unless they entail a significant financial cost or disrupt the regular operations of the business to an unreasonable extent.
Employee Protections Against Disability Discrimination
The Fair Employment and Housing Act guards against various manifestations of disability discrimination, shielding employees from unfair treatment. As per California law, employers must not:
- Turn down a job candidate because of their disability.
- Prohibit a potential hire from participating in training programs, internships, or other forms of preparatory courses because of their disability.
- Neglect to offer proper compensation to an employee due to their disability.
- Restrict an employee’s chances for career progression or promotion, effectively confining them to a stagnant role because of their disability.
- Terminate an employee’s contract because of their disability.
In cases of discrimination stemming from disability or impairment, employees have the option to take legal action against their employer. Compensation may include compensatory damages, punitive damages, and the possibility of reinstatement to their previous role.
Reasonable Accommodations Under California Law
In instances where an employee’s impairment or disability impacts their ability to fulfill essential job duties, California law dictates that employers must offer “reasonable accommodations” to support the employee in performing their work effectively.
A reasonable accommodation refers to any modification or adaptation in the employee’s workplace designed to aid them in performing their duties. If such accommodations cannot be arranged, the employer may still hold a legal obligation to uphold the employee’s rights. This might involve offering alternative job roles within the organization or permitting the employee to work remotely or in an environment better suited to support their impairment or disability.
Interactive Process
In California, employers are required by law to promptly handle requests for reasonable accommodations made by employees or job applicants.
Upon receiving an explicit request or becoming aware of the need for accommodation, California employers must initiate an “interactive process.” This process is designed to eliminate barriers that could impede the employee from fulfilling job duties effectively.
Employers aiming for an accurate interactive process should adhere to specific steps. This includes analyzing job requirements and assessing how reasonable accommodations can mitigate physical and/or mental restrictions affecting the employee.
Acknowledge the Request
When an employee with a disability initiates a direct request for reasonable accommodations, the interactive process begins. This request might be detailed and formal, specifying accommodations related to their medical condition, or it could be informal, highlighting challenges in job tasks due to their medical condition.
Despite the request not being direct or explicit, employers can proactively offer accommodations to address the employee’s difficulties.
Consider this scenario: an employee in San Francisco who uses a wheelchair asks for a desk of a different size because the current one doesn’t accommodate their wheelchair’s height. This falls under the category of reasonable accommodation.
Once the employer is aware of the problem, it’s critical to respond promptly to the request to avoid potential ADA violations. If there’s uncertainty or confusion about the employee’s request, or if it’s unclear whether a request has been made, it’s important to address these uncertainties early, seek clarification, and proceed appropriately.
Analyze the Request
In the subsequent step of the process, it is essential for the employer to collect all necessary information about the employee’s disability and determine the best method to offer the required accommodations. In certain situations, the employee’s disability and the optimal approach for providing reasonable accommodations will be obvious.
In cases where the employee’s disability and the proper solution for granting a request are not apparent, it is vital for the employer to collect all the required information to proceed.
At this stage of the process, the employer needs to understand the extent and nature of the restrictions or limitations impacting the employee’s job performance, and identify the particular duties that would benefit from reasonable accommodations. Obtaining all this information from the outset is important to address the request accurately and in a timely
To gather the proper information about an accommodation request, it is advisable to begin by speaking with the employee. They can offer all the pertinent details regarding their disability and the accommodations needed for their job performance. If the employee cannot supply this information, the employer may then request medical information and documents about the employee’s medical condition.
It is crucial to remember that an employer can only ask for medical records pertaining to the specific condition for which a reasonable accommodation is requested. Requesting an employee’s entire medical history can constitute a violation of the ADA.
Explore Options for Satisfying the Request
Once all relevant information regarding the employee’s disability and its limitations on job performance has been assembled, the employer can start considering different options for reasonable accommodations. The employee might have some suggested solutions, or there may be only a few prescribed options to address the job performance limitations.
When solutions are not immediately clear, consulting with the employee and their medical professionals can help find a resolution. It’s crucial to gather input from all stakeholders involved in the employee’s successful outcomes in the workplace, and employers should invite all relevant perspectives.
It’s important for employers to understand that a request for reasonable accommodations may necessitate significant changes in the way job duties are performed. While reasonable accommodations mean making adjustments, the top priority should be addressing the employee’s specific challenges in the workplace.
Selecting the Right Accommodation
The optimal solution may be clear, or there could be several possibilities. Although the employee’s input should be valued and encouraged, the final decision rests with the employer. The cost of implementation and any potential disruptions are common factors to consider. Additionally, it’s important to remember that reasonable accommodations are not always permanent; many employers test solutions on a trial basis to assess their effectiveness.
At times, the accommodation becomes a permanent solution, whereas in other instances, a different approach proves to be more effective.
After a decision is made, the accommodations are implemented. This process could be quite straightforward, causing little to no disruption in the workplace. It could involve something as simple as adjusting the employee’s shift times or something a bit more complex, such as installing specialized equipment or making modifications to existing fixtures.
Following Up with the Employee
Once the request has been addressed and reasonable accommodations are in place, the employer in San Francisco should periodically assess the employee’s job performance to ensure the accommodations remain effective and that the employee’s needs or challenges have not changed. There’s a possibility that an accommodation that works now may not be the best solution in the future. Job roles may evolve, and an employee’s condition could improve or worsen, requiring changes or adjustments to accommodations.
It’s essential to maintain an open dialogue between employer and employee to ensure both parties are satisfied with their working relationship.
Defining Undue Hardship for Reasonable Accommodations
The prospect of providing reasonable accommodations for disabled employees might cause hesitation or resistance among employers, who view the process as challenging or inconvenient within the legal framework. However, adherence to California employment laws is non-negotiable despite any inconvenience. Employers may cite potential undue hardship on the business as a reason for not fulfilling these accommodations.
Undue hardship is defined as any measure undertaken to provide reasonable accommodations to a disabled employee that would cause a major disruption to the regular operation of the business or entail a significant financial outlay that would harm the employer.
When assessing whether reasonable accommodations might present an undue hardship for the employer, the law examines several key factors. These factors encompass the type of accommodation required, its financial implications, the scale of the business, and the potential ramifications for the business’s daily operations.
Hiring the Right Disability Discrimination Attorney in San Francisco
Employers in San Francisco who are grappling with disability discrimination often engage experienced experts to support their defense. If you’re part of the sizable population of disabled employees encountering employment rejections or terminations due to disability, it’s advisable to seek assistance from the Law Office of Fahim Rahman. Disabled employees deserve adept legal representation to defend their rights and seek fair compensation through legal channels.
Give us a ring today to delve into how your disability has made you susceptible to discrimination at work. Your future employment prospects may hang in the balance.