Disability Discrimination

California has some of the strictest employment laws in the nation, preserving your right to receive fair treatment and equal benefits and protecting you from being exposed to hostile or discriminatory acts in the workplace.

Disability Discrimination Comes in Many Forms

Workplace discrimination takes many forms, both explicit and more subtle, all negatively affecting the victim’s professional and personal life. Generally, discrimination means less favorable workplace conditions bases on an employee’s membership in one or more of the protected groups listed below.

The Fair Employment and Housing Act (FEHA), enforced by the California Civil Rights Department (CRD), prohibits employment discrimination and harassment based on a person’s disability or perceived disability. In addition, the FEHA prohibits retaliation for exercising a FEHA right, such as filing a complaint about discrimination. The law also requires employers to reasonably accommodate individuals with mental or physical disabilities unless the employer can show that to do so would cause an undue hardship.

The law covers mental or physical disabilities, including HIV/AIDS, regardless of whether the conditions are presently disabling. It also covers medical conditions, which are defined as either cancer or genetic characteristics. Disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance abuse disorders resulting from the current illegal use of drugs.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

FEHA

The FEHA provides broader protection for persons with disabilities than federal law. California employers with five or more employees must follow the FEHA. California also has broader definitions of mental disability, physical disability, and medical condition than does federal law.

Reasonable Accommodation

An employer is required to interact with an employee to explore all possible means of reasonably accommodating a person prior to rejecting the person for a job or making any employment-related decision. The need for accommodation may arise from a mitigating measure, such as medication taken for the primary disability.

Disability Discrimination

The following two reasons commonly raised by employers are not legally acceptable excuses for discriminating against persons with disabilities: 1. Possibility of future harm to the person or to others. 2. Employing individuals with disabilities will cause an employer’s insurance rates to rise

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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Disability Discrimination