Disability Discrimination in the Workplace
Every employee has the right to work in a safe environment, but that safety may be violated. Here’s what you need to know about workplace disability discrimination in California.
Disability discrimination is unfair treatment toward an employee on the basis of their physical disability, mental disability, medical condition, or genetic condition.
What is Disability Discrimination?
California state law dictates that every employee has the right to work in a safe environment, free from harassment or discrimination. California’s Fair Employment and Housing Act prohibits employers of five or more employees from discriminating based on physical disability, mental disability, medical condition, or genetic condition. For an employee to perform the essential functions of the job, FEHA requires that employers make reasonable accommodations for their employee’s disability.
Disability discrimination comes in many forms, such as employers failing to accommodate for an employee’s disability, firing an employee for their disability, or denying them a promotion because of their disability.
What California Defines as a Disability
California law prohibits discrimination against employees for physical disability, mental disability, medical condition, or genetic condition.
Physical Disability
Physical disabilities are most common and most visible. Most often, physical disability is some bodily condition, disfigurement, or loss that has major effects on the body. Physical disabilities are legally recognized if they demonstrate the following:
- The condition has led to major physical impairment.
- The condition negatively affects at least one bodily system.
- The condition limits major life activity.
In addition to the general definition above, physical disabilities also include blindness, deafness, missing limbs, mobility impairment, cerebral palsy, chronic conditions such as HIV/AIDS, epilepsy, seizure disorder, back conditions, and broken bones. This is not a comprehensive list of all possible disabilities, but it can give an idea of what may fall under physical disability.
Mental Disability
In California and federal employment law, mental disabilities are taken as seriously as physical disabilities. Mental disability is some mental or psychological condition that limits major life activity. Mental disability has many categories, such as mental illness, emotional illness, or a learning disability.
Medical Condition or Genetic Condition
Medical conditions are genetic conditions or health impairments related to cancer. Disability discrimination based on medical conditions are often an issue when the medical conditions have an increased risk of future health issues.
Examples of Disability Discrimination in California
California law prohibits discrimination on the basis of disability, but an employee may be uncertain whether they have experienced workplace disability discrimination. Here are some examples of disability discrimination in California.
An employer may not:
- Terminate an employee because of their disability.
- Pay an employee less because of their disability.
- Limit the employee’s access to other terms, conditions, or privileges of the job.
- Pay an employee less than they otherwise would because of the employee’s disability.
- Restrict other terms, conditions, or privileges of the job.
- Harass an employee on the basis of disability.
- Fail to accommodate an employee’s disability.
- Deny a promotion to an employee due to disability.
- Give negative references.
- Discriminate based on past disability.
Related: How to Prove Disability Discrimination in California
FAQs
What is disability discrimination?
Disability discrimination is when an employer treats an employee unfairly because of the employee’s physical disability, mental disability, medical condition, or genetic condition. Disability discrimination also occurs when an employer fails to accommodate an employee’s disability to perform the basic functions of the job.
What laws protect me from disability discrimination in the workplace?
California’s Fair Employment and Housing Act protects employees against workplace disability discrimination. It states that employers of five or more employees may not discriminate against employees on the basis of the employee’s disability. FEHA also mandates that an employer must reasonably accommodate an employee’s disability.
Contact Us
If you or a loved one has experienced workplace disability discrimination in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Disability Discrimination Attorneys in California today!