Employees with disabilities are protected by the Americans with Disabilities Act (ADA) and the the California Fair Employment and Housing Act (FEHA). According to FEHA, people have the right to seek, obtain, and hold employment without discrimination on the basis of physical disabilities, mental disabilities, or medical conditions. It also protects individuals from harassment on the basis of their disability. Gov. Code §12940 (j).
California laws require employers make reasonable accommodations for employees with disabilities. A reasonable accommodation is a change in the job or workplace that the employer can make to help an employee with a disability do his or her job. The accommodations must be reasonable — they cannot cause an undue hardship on the employer (i.e. significant financial costs, significant difficulty). Some examples of reasonable accommodations are (Cal. Code Regs., tit. 2):
To pursue a claim, an employee must be able to perform the essential duties of the job with reasonable accommodation. Green v. State of California, (2007) 42 Cal. 4th 254, 263. It is unlawful for an employer to deny reasonable accommodations for the known physical or mental disability of an employee or applicant. Cal. Gov. Code §12940 (m).
Hekmat Law Group attorneys fight for victims wrongful termination, discrimination, and harassment. If your employer has ignored requests for a reasonable accommodation or if you were fired after taking a leave of absence you may have a claim for disability discrimination. If you think you may need a lawyer, don’t delay in contacting us. Your claims may be barred by a statute of limitations if you wait too long.
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The FEHA’s definition of “disability” covers both physical and mental disabilities.
A physical disability is “any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss” that does both of the following:
A) “Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.” Cal. Gov. Code §12926 (m).
B) “Limits a major life activity.” Cal. Gov. Code §12926 (m).
“Major life activities” is broadly defined, and includes “physical, mental, and social activities and working.” Cal. Gov. Code §12926. Physical disability does not include “sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders.” Cal. Gov. Code §12926 (m).
A mental disability is “any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.” Cal Gov Code §12926 (j). It also includes any other mental or psychological disorder or condition that is not described above in which special education or related services are required.
Employees are also protected from discrimination on the basis of a medical condition. Medical conditions include “any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer, and genetic characteristics” Cal. Gov. Code §§12926 and 12940.
Depending on the employee’s situation, reasonable accommodations can include:
