Examples of Disability Discrimination at Work in California

Being discriminated against because of an actual or perceived disability can have drastic effects on your life. Sometimes, it’s hard to know what disability discrimination looks like. Understanding examples of disability discrimination at work in California can help you identify unfair treatment and know when to seek legal guidance.

Disability Discrimination at Work in California

Disability discrimination occurs when an employee is treated unfairly or unequally in the workplace due to a physical or mental impairment. It is important to note that this type of discrimination can apply even if the person being discriminated against is only perceived to have a disability.

According to the U.S. Equal Employment Opportunity Commission, there were 1,338 disability charges filed in California in fiscal year 2022. This accounted for 5.4% of disability charges filed in the United States and 30.4% of total state charges, showing its prevalence in state discrimination cases.

Disability discrimination at work is unlawful in California. This includes failing to provide reasonable accommodations, harassment, and unequal pay, among other unfavorable treatment. The California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act both protect those with disabilities from discrimination at work.

These statutes also require employers to accommodate employees with disabilities unless doing so would place undue hardship on the company. The purpose of these laws is to provide those with disabilities just access to employment opportunities, benefits, and fair treatment.

Examples of Disability Discrimination at Work in California

Disability discrimination can take on several forms. Some examples of disability discrimination in the workplace in California include:

• Failure or refusal to provide reasonable accommodations. Employers are required to provide reasonable accommodations to employees so long as it does not create undue hardship for the company. When an employer refuses to do so, this can be considered disability discrimination.
• Wrongful termination. Terminating an employee due to their disability is unlawful. This can occur when a disabled employee requests medical leave, and instead of approving the leave, the employer fires them.
• Harassment. Harassment can look like crude jokes, rude comments, and any other behavior that causes a hostile work environment.
• Demotion. If an employee is demoted after disclosing their disability status, this can be considered disability discrimination, and the employer can be subject to penalties.
• Being denied opportunities. If a person is denied employment, promotion, or other opportunities based on their disability status, especially if they were otherwise qualified for the job, this can be considered disability discrimination.

Legal Options for Victims of Disability Discrimination in the Workplace

If you or someone you know has been discriminated against due to their disability, legal remedies may be available to you. The purpose of these remedies is to compensate the victims for their damages and hold employers accountable to discourage the behavior from happening again. Some legal remedies available include:

• Back pay. This includes any lost wages the employee incurred as a result of the discrimination, such as the lost income from being terminated or demoted.
• Front pay. If applicable, the employee may receive compensation for future lost earnings. This could happen if they were terminated, and it is not possible to reinstate them after the judgment.
• Reinstatement. If an employee was terminated or demoted, the employer may be required to reinstate them to their previous position.
• Compensatory damages. Compensatory damages compensate you for things like emotional distress and pain and suffering endured due to the discrimination.
• Implementation of reasonable accommodations. An employer may be required to provide reasonable accommodations that they previously did not provide, such as schedule changes and an accessible workspace.
• Legal fees. If the case proceeds to court, an employer may be required to reimburse the employee for any legal fees incurred, including attorney’s fees.

Additionally, an employer may be required to implement new policy changes and additional training to ensure that the discrimination doesn’t happen again.

What to Do If You’ve Suffered Disability Discrimination at Work

If you’ve suffered disability discrimination at work, be sure to document everything with clear evidence if you have it. This can include text messages, emails, and witness statements. Contact your employer’s HR department and inform them of the discrimination in writing so there is evidence of the communication.

If internal reporting does not work, you may file a complaint with the California Civil Rights Department. Seek legal counsel to assist you through the legal process.

FAQs

Q: What Are Examples of Disability Discrimination in California?

A: Examples of disability discrimination in California include refusing to provide reasonable accommodations like modifying a work schedule or making the workplace accessible, harassing an employee because of their condition, or firing them after they reveal their disability. All of these examples are in violation of California’s FEHA. FEHA protects individuals from unfair treatment at work.

Q: What Is Considered Disability Discrimination in the Workplace?

A: Disability discrimination in the workplace occurs when an employer treats a qualified employee or candidate unfairly because of a physical or mental handicap. This includes refusing to make appropriate concessions, saying hurtful things, disciplining someone unfairly, paying them differently, or firing them without cause.

The Americans with Disabilities Act (ADA) and FEHA, which mandate equitable treatment and workplace accessibility, make such practices unlawful in California.

Q: What Do You Do When Your Employer Is Discriminating Against You?

A: If your employer is discriminating against you, you may begin by reporting the discrimination to the HR department. If this does not result in a resolution, you may file a complaint with the California Civil Rights Department or the EEOC. You can consult a disability discrimination attorney to assist with the legal process.

Q: What Is a Reasonable Accommodation?

A: A reasonable accommodation is any adjustment or modification to a disabled employee’s work environment to enable them to perform their job duties. This can include modified schedules, assistive technology, ergonomic equipment, or remote work options. Legally, employers must provide these accommodations unless doing so places undue hardship on the company.

Contact The Law Office of Frank S. Clowney III

If you were subjected to disability discrimination at work in California, The Law Office of Frank S. Clowney III can help you receive compensation for your damages. Contact us today to get started.