California Fair Employment and Housing Act requires employers with at least five employees to accommodate employees with disabilities. Non-religious associations and nonprofits are exempted from the requirement. The FEHA is generally wider than the federal Americans with Disabilities (ADA), which means that California employees with disabilities have a greater chance of getting accommodations than those in other states.
Physical Disabilities
Any physiological disorder, condition, disfigurement or anatomical loss that has a significant impact on one or more body systems or limits major life activities is called a physical disability.
These body systems include the neurological, immunological and musculoskeletal systems, special sense organs and respiratory (including speech organs), cardiovascular and reproductive, digestive, genitourinary and lymphatic systems, skin, and endocrine system.
If a physiological disorder, condition, cosmetic disfigurement, or anatomical loss makes it difficult to perform a major life activity such as work, it is called a physiological disease, disorder, condition, or condition.
Mental Disabilities
Any mental disorder or condition such as mental retardation or organic brain syndrome, mental illness or specific learning disabilities that restricts major life activities or any other mental disorder or condition that needs special education or related services, is considered mental disability.
Protected employees include those who have a history or record of a mental disorder, condition or other mental condition.
What is an essential job function?
Employers are legally required to offer reasonable accommodations for employees with disabilities.
Employers must use the above disability definitions to determine whether an employee is disabled and requires accommodations. Employers can request accommodations if an employee doesn’t have a disability that is obvious or does not receive the accommodations they need.
To determine the type of accommodation an employee requires, employers should engage in an “interactive dialogue” with them. An employee’s job requires them to perform their essential functions. A reasonable accommodation is any type of accommodations that can be provided.
If you are:
- This position exists in order to fulfill that function.
- Employer has a small number of employees who can perform this function.
- This function requires special training or is highly specialized.
Employers may fire an employee who is unable to perform essential functions due to a disability after they have provided accommodations. Employers may also decide not to hire disabled employees if they experience undue hardship (meaning that providing accommodations would be extremely difficult or costly to facilitate).
What are reasonable accommodations for workers with disabilities?
A reasonable accommodation is available if:
- It is acceptable as long as it does not create an undue financial burden for the employer. When calculating the cost for accommodations, employers must consider tax credits, deductions, funding options, and other factors.
- Accommodations would not have a negative impact on other employees or business operations.
- This is appropriate given the size and potential of the business.
- It is compatible with current operations, structure, functions, and functions of business.
- It will not adversely affect the fiscal or administrative relationship of the facility, or the geographic location.
Some common examples of reasonable accommodations are:
- Ramps, lifts, and other ways to make places accessible for those with mobility-related disabilities or wheelchairs;
- Employees can be granted more time off so they can visit doctors.
- If it makes managing a disability easier, allow an employee to work remotely.
- To make them complete, adjust deadlines and work hours.
- Allowing employees to bring in assistive devices or animals into the workplace
- Non-essential functions can be eliminated from a position that an employee might not be able to finish, so long as they are capable complete essential functions.
- Provide materials that are tailored to the employee’s disability. This could include braille reading materials for blind employees, or sign language interpreters for deaf workers.
- If their current job is insufficient, assign them to another vacant post that they can fulfill the essential functions.
- To accommodate employees with disabilities, we modify training requirements, exams, company policies and company culture expectations.
Sending a request for reasonable accommodation
The majority of accommodations requests should be
- Name the employee, their supervisor and their current position.
- Please describe the accommodations that the employee requests and the reasons for it.
- Define how long an employee might need accommodations.
- You should provide evidence of disability to the employee, usually in the form signed letters from healthcare providers and medical professionals.
- Document the steps taken by an employer to accommodate the request.
At minimum. Your accommodation request may be used as legal evidence if your employer refuses you the accommodations you need.
What should I do after experiencing disability discrimination?
Many employees with disabilities are subject to discrimination at work. Examples of disability discrimination are:
- Employer refuses to hire an employee with a disability, even if they are able to perform essential job functions.
- Refuse to hire someone who refuses to submit to genetic testing
- Employer with a disability is fired even though they can provide reasonable accommodations.
- Firing an employee who has been diagnosed with a disability or other condition.
- Employers with disabilities are paid less than their peers;
- Refusing to adapt training materials for employees with disabilities
- Refusing reasonable accommodations or mocking employees for asking accommodations.
It is important to exercise your employee rights if an employer refuses accommodations. Disability discrimination could result in compensation.
Employees who are subject to discrimination due to disability have 300 days to file a claim with the DFEH/EEOC. The employee has 90 days to file a lawsuit or claim if the DFEH/EEOC issues a right-to-sue letter to them. California law offers more protections to individuals with disabilities than California, so it is recommended that you file with the DFEH. However, an attorney should be consulted before making any decision.
You must prove the following:
- You are disabled.
- You could do the most important functions of a job.
- Your disability or condition was discriminated against by your employer.
You could be awarded compensation for:
- You may be eligible for back pay (with interest), benefits, or income related to promotions or career advancements that you have lost.
- Compensation for the pain and suffering resulting from disability discrimination
- Discriminatory behavior can cause emotional distress.
Summarized from an article by Wilshire Law Firm.
