What Is Considered Disability Discrimination?
By definition, disability discrimination occurs when an employee or job applicant is treated unfairly because they have a disability. In order to successfully sue an employer for disability discrimination, you must prove that you have a disability as defined by the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA), you must prove that you were qualified for the position and you must provide evidence that the employment decisions were made because of your disability. If you believe you were the victim of disability discrimination, I can help.
Disability Discrimination Guidelines
The FEHA establishes guidelines for preventing disability discrimination in the workplace and facilitating continued employment for the disabled employee. The FEHA outlines only two situations where an employer may legally discriminate against an employee based on their disability:
- The disability prevents the employee from being able to perform the essential functions of the job, and reasonable accommodations to enable the employee to perform the job do not exist
- The disability would cause the person to create danger to himself/herself or others by performing the job, and there is no reasonable accommodation that could remove or reduce the danger
Before an employer can terminate a disabled employee on these grounds, they must first examine all reasonable accommodations. An accommodation is considered reasonable if it does not impose an undue business hardship on the employer (it is the employer’s burden to prove all elements of the “undue business hardship” defense). Reasonable accommodations include things like providing mechanical aids, modifying work duties, relocating the work area and, as a last resort, a leave of absence with a date certain for return. If all else fails, an employer must preferentially reassign and employee to an alternative vacant position for which they are qualified.
Contact The Turk Law Firm To Discuss Filing A Discrimination Claim
If you believe that you have been discriminated against at work or in applying for a job because of your disability, you may qualify for compensation. To discuss your possible claim, call 818-962-7586 or fill out my online contact form to set up a free initial consultation.