Disability discrimination remains one of the more misunderstood areas of California employment law, largely because the obligations placed on employers go further than many people expect. Beyond simply not firing someone because of a disability, California law requires employers to actively engage with employees to find ways to keep them working.
What the Law Requires
Under the Fair Employment and Housing Act, employers with five or more employees must provide reasonable accommodations to qualified employees with a disability, unless doing so would create an undue hardship on the business. A disability under California law is defined broadly, covering physical conditions, mental health conditions, and chronic illnesses that limit a major life activity, and the definition is intentionally easier to meet than under federal law.
Just as important is the interactive process, a required, good-faith conversation between employer and employee aimed at identifying an accommodation that allows the employee to do the job. This might mean modified duties, a leave of absence, equipment, a schedule change, or a transfer to a vacant position. Employers who skip this conversation, or go through the motions without real effort, can be liable even if no accommodation would ultimately have worked.
Common Forms of Disability Discrimination
- Refusing to hire or promote someone because of a disability or a perceived disability
- Denying a reasonable accommodation request without engaging in the interactive process
- Terminating or demoting an employee shortly after a disability is disclosed or a leave is requested
- Treating an employee differently based on assumptions about what they can or cannot do
- Failing to reinstate an employee returning from a disability-related leave
Proving a Disability Discrimination Claim
Employees generally need to show that they were qualified to perform the essential functions of the job, with or without accommodation, and that the adverse action was connected to their disability. Timing is often significant evidence, particularly when discipline or termination follows soon after an employee requests an accommodation or returns from medical leave.
What Employees Can Recover
Successful claims can result in back pay, reinstatement, damages for emotional distress, and in some cases punitive damages, along with recovery of attorney’s fees. Because these cases often turn on internal communications and how the interactive process was handled, documentation from both sides tends to matter a great deal.
At Michael Yerzinkyan Law, we regularly help employees figure out whether what they experienced crosses the line from a difficult work situation into unlawful discrimination, since that distinction is not always obvious from the inside.
This article is intended for general informational purposes and does not constitute legal advice. If you believe you have experienced disability discrimination, consider speaking with a licensed employment attorney about the specific facts of your situation.