Understanding California’s Disability Discrimination Laws
When a company fires or demotes a worker indiscriminately for their disability, it is considered disability discrimination. Disability discrimination in the workplace has become a widespread occurrence these days. The employer dismisses the employees despite their ability to work correctly. This write-up will provide an elaborate discussion of California’s discrimination laws and also the appropriate legal remedies. If you are victimized by disability discrimination, this article will guide you to fight for your rights.
Statement of California Disability Discrimination Laws
Section 12940 of the California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees because of their disability.
Additionally, employers need to provide reasonable accommodations to disabled employees whenever possible. Employers should also engage in an interactive process to decide the reasonable accommodations.
What is considered a disability?
Both physical and mental disabilities are considered under the disability discrimination laws. Some of these disabilities are listed below:
- Neuropathy
- Heart disease
- Back injury
- Cancer
- PTSD (Post Traumatic Stress Disorder)
- Bipolar disorder
- Schizophrenia
- Pregnancy-related disabilities
- Autism Spectrum Disorder
- Chronic migraine
- Major Depression
- Hearing loss
Types of Disability Discrimination
- Rejecting a qualified job applicant for their disability
- Not considering alternative employment opportunities for the disabled applicant
- Unfair treatment or less favorable behavior because of the disability
- Refusing to provide reasonable accommodations
- Wrongful termination after being disabled
- Breaking the employment agreement after finding out about the disability
- Retaliation against the employee who complained about disability discrimination or requested reasonable accommodations
Disability accommodations at work
Reasonable accommodations under disability law include different facilities depending on the worker’s physical and mental condition. Some of these are:
- Ergonomic Chair
- Ergonomic Keyboard
- Hearing assist phones
- Additional time to finish assignments
- Voice assist software
- Transfer to a different shift
- Transfer to a different department
What can you do to protect your disability discrimination rights?
If you are a victim of disability discrimination in the workplace, there are some legal procedures you need to follow. First, you should talk to your supervisor or authority to solve the issue. If you do not get a positive response, you need to proceed to file a discrimination complaint with EEOC or CRD. It would help if you did that within a year of the last incident of discrimination. CRD will handle your case to come to a settlement or issue a right-to-sue notice. You can file a lawsuit in court against your employer. Through your disability discrimination case, you can recover the following:
- Lost Wages
- Pain and suffering
- Punitive Damage
- Attorney’s fee
Final Words
Disability discrimination in the workplace is another form of harassment for employees. It is unlawful for the company to engage in such work. It is your civil right to hold your employment regardless of the disability in the workplace. If you feel your rights are violated, take legal action to protect yourself.
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