How the Law Defines Disability Discrimination
Under the California Fair Employment and Housing Act (FEHA), disability is defined expansively, surpassing the ADA’s coverage to include a broader spectrum of conditions.
The FEHA defines disability as a physical or mental condition that limits one or more major life activities. This definition covers a range of physiological, mental, psychological, and developmental conditions. Major life activities, according to FEHA, are interpreted broadly to include physical, mental, social activities, and employment.
Furthermore, California law acknowledges that even temporary or minor conditions can qualify as disabilities. It doesn’t mandate that a disability must severely or significantly impede a major life activity to be considered limiting. This inclusive approach is designed to protect a wider range of individuals by acknowledging less severe impairments that nonetheless impact a person’s life.
Individuals Qualifying for Protection Under the Law
To qualify for protections against disability discrimination, an employee in Silicon Valley must be capable of performing the essential job functions. If specific accommodations are necessary for the employee to carry out their work successfully, the employer is obligated by law to provide them, as long as they do not impose a substantial financial burden or unduly disrupt the normal operations of the business.
Employee Protections Against Disability Discrimination
Safeguarding employees from diverse forms of disability discrimination, the Fair Employment and Housing Act stands as a bulwark against unjust practices. According to California law, employers are forbidden to:
- Turn away a job seeker due to their disability.
- Prohibit a prospective employee from engaging in training programs, internships, or other preparatory courses due to their disability.
- Neglect fair compensation for any employee because of their disability.
- Impede an employee’s opportunities for advancement or promotion, thereby trapping them in a static position because of their disability.
- Dismiss an employee because of their disability.
Reasonable Accommodations Under California Law
When an employee’s impairment or disability interferes with their capability to perform essential job tasks, California law requires employers to implement “reasonable accommodations” to facilitate the employee’s effective job performance.
Any adjustment or change in the employee’s work environment aimed at assisting them in their job performance is considered a reasonable accommodation. Even if such accommodations cannot be provided, the employer may still be legally bound to protect the employee’s rights. This could involve offering alternative job opportunities within the organization or allowing the employee to work from home or in a setting more conducive to supporting their impairment or disability.
Interactive Process
According to California law, when an employee or job applicant requests reasonable accommodations, the employer must respond promptly and appropriately.
Once an explicit request is made or the employer becomes aware of the need for accommodation, California law mandates initiating an “interactive process.” This process aims to remove any barriers hindering the employee’s job performance and responsibilities.
To engage in an accurate interactive process, employers should follow prescribed steps. These involve conducting a personalized analysis of the job’s requirements and assessing physical and/or mental restrictions that reasonable accommodations could alleviate for the employee.
Acknowledge the Request
The interactive process commences when an employee with a disability makes a direct request for reasonable accommodations. This request may be formal and specific, outlining accommodations related to their medical condition, or it could be informal, indicating difficulties in job tasks due to a medical condition.
Even if the request is not direct or explicit, employers can take a proactive approach to providing accommodations that alleviate the employee’s difficulties.
For example, if an employee in Silicon Valley who uses a wheelchair requests a different size desk because the current one doesn’t fit the wheelchair’s height, this request would be seen as a reasonable accommodation.
Upon becoming aware of the issue, the employer must respond promptly to the request, as any delay could constitute an ADA violation. If there is uncertainty or lack of clarity about the employee’s request, or if it’s unclear whether a request has been made, it’s best to address these concerns promptly, seek clarification, and proceed accordingly.
Analyze the Request
Next in the process, the employer must compile all pertinent details concerning the employee’s disability and the most suitable approach to provide the needed accommodations. There are instances where the nature of the employee’s disability and the appropriate measures for granting reasonable accommodation requests will be immediately evident.
When the disability of the employee and the correct approach for fulfilling a request are not obvious, it is important for the employer to obtain all pertinent information to take the next steps.
In this step of the process, the employer needs to grasp the extent and nature of the restrictions or limitations affecting the employee’s job performance and determine which specific duties would benefit from reasonable accommodations. It is essential to gather all this information early on to address the request correctly and promptly.
When collecting the necessary information for an accommodation request, it’s best to first talk to the employee, as they can provide all the relevant details regarding their disability and the required accommodations for their job. In cases where the employee cannot provide this information, the employer may request medical information and documentation related to the employee’s condition.
It’s essential to note that an employer may only request medical records related to the specific condition that necessitates a reasonable accommodation. Requesting the full medical history of employees with disabilities could lead to an ADA violation.
Explore Options for Satisfying the Request
After collecting all the necessary information about the employee’s disability and how it affects job performance, the employer can begin to consider the various options for providing reasonable accommodations. The employee may have some proposed solutions, or there may be only one or two specific options for addressing the job performance limitations.
If solutions are not easily identifiable, consulting with the employee and their medical professional(s) can aid in finding a suitable resolution. It’s essential to listen to suggestions from all stakeholders committed to the employee’s success, and employers should invite all pertinent viewpoints.
Employers need to be aware that a reasonable accommodation request can result in considerable changes in how job responsibilities are carried out. Reasonable accommodations mean making adjustments, but the priority should always be on what best addresses the employee’s specific challenges in performing their duties.
Selecting the Right Accommodation
The best solution may be apparent, or there may be multiple potential options. While it’s important to consider and encourage the employee’s input, the final decision is up to the employer. Typical factors include the cost of the accommodation and any possible disruption. Additionally, keep in mind that reasonable accommodations are not always permanent. Many employers implement solutions on a trial basis to evaluate their effectiveness.
In some situations, the accommodation remains permanent, whereas in others, an alternative solution is found to be more advantageous.
Once a decision is reached, the accommodations are put into effect. This process could be relatively simple, with minimal disruption in the workplace. It might involve something as straightforward as adjusting the employee’s shift times or something more intricate, such as installing specialized equipment or modifying existing fixtures.
Following Up with the Employee
Following the resolution of the request and the implementation of reasonable accommodations, it’s important for the employer in San Valley to regularly review the employee’s job performance. This helps ensure that the accommodations are effective and that the employee’s needs or challenges have not shifted. It’s possible that a current accommodation may not be suitable in the future. Job requirements may change, and an employee’s condition might improve or worsen, necessitating adjustments to the accommodations.
An open dialogue between employer and employee is key to ensuring satisfaction in their working relationship.
Defining Undue Hardship for Reasonable Accommodations
Employers may hesitate or outright refuse to provide reasonable accommodations for disabled employees due to the perceived difficulty or inconvenience of doing so under the law. However, compliance with California employment law is mandatory, regardless of any inconvenience. An employer may argue that implementing these accommodations would pose an undue hardship on the business.
Undue hardship is characterized by any attempt to offer reasonable accommodations to a disabled employee that would cause a significant disturbance to the ordinary functioning of the business or involve a substantial financial commitment that would have a detrimental effect on the employer.
In situations where reasonable accommodations may result in an undue hardship for the employer, the law takes into consideration a range of factors. These factors comprise the specific nature of the accommodation, its associated expenses, the size of the business, and the potential impact on the business’s regular operations.
Hiring the Right Disability Discrimination Attorney in Silicon Valley
Employers in Silicon Valley who are challenged with disability discrimination typically rely on seasoned professionals to navigate legal matters. If you’re one of the many disabled employees facing job rejections or dismissals due to disability, consider contacting the Law Office of Fahim Rahman. Disabled employees deserve proficient legal support to uphold their rights and pursue rightful compensation through legal avenues.
Get in touch with us today to chat about how your disability has made you a target for workplace discrimination. Your ongoing employment could be contingent on this discussion.