Understanding Disability Discrimination
Disability discrimination occurs when an individual with a physical or mental impairment is treated unfairly in the workplace because of that disability. This unfair treatment might involve hostile behavior, unequal opportunities, or unfavorable decisions related to hiring, promotion, or compensation. In many jurisdictions, such discriminatory actions are illegal and subject to regulatory protection.
Key Points:
- Unfair Treatment: Disability discrimination happens when a person is singled out or persistently exposed to negative actions because of their disability.
- Protected Environment: Laws exist to ensure that employees are not harassed or treated unfavorably because of a disability, ensuring equal opportunity in the workplace.
Legal Framework Protecting Employees
In California, several laws regulate disability discrimination. These laws are designed to protect not only current employees but also job applicants. However, it is important to note that independent contractors may not receive the same protection as employees under these regulations.
Federal Protections: The Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits the abuse or discrimination of individuals suffering from mental and physical disabilities. It ensures that if a person requires reasonable accommodation to perform their job, the employer must consider this need as long as it does not cause undue hardship. The ADA applies to employers with a minimum of 15 employees, setting a baseline for federal protection.
State Protections: The Fair Employment and Housing Act (FEHA)
California’s FEHA offers a broader scope of protection compared to the ADA. Not only does FEHA cover a wider range of disabilities, but it also applies to employers regardless of their size. Because of its expansive definitions and the fact that there is no cap on recovery damages, FEHA is the most commonly used law in California for addressing claims of disability discrimination. Under FEHA, an employer is defined in an inclusive manner to ensure that all employees receive protection.
Protected Disabilities
Mental Disabilities
Mental health is an increasingly recognized issue in today’s society. Under the law, if an employee suffers from a mental disability, their employer is prohibited from engaging in discriminatory practices or harassment based on that condition. Mental disabilities can include a variety of disorders such as anxiety, learning disabilities, autism, schizophrenia, and depression. As societal awareness has grown, the law has evolved to offer more comprehensive protections for those with mental health issues.
Physical Disabilities
Physical disabilities encompass bodily impairments that hinder a worker’s daily functioning. These disabilities often involve chronic or permanent conditions, and proving a physical disability may require demonstrating:
- A physical impairment,
- An affected bodily system (for example, neurological issues), or
- Limited mobility.
Medical Conditions
A medical condition that causes pain, recurring absences, or limits a worker’s ability to perform job functions also falls under protected categories. Even if an employee’s condition is anticipated to impact their work in the future, they are still safeguarded against discrimination.
Pregnancy-Related Disabilities
Pregnancy in itself is not automatically considered a disability under California law. However, if a doctor determines that a pregnant employee is unable to perform one or more essential job functions due to complications or other pregnancy-related conditions, the employee may be eligible for leave. Conditions such as severe morning sickness, hypertension, preeclampsia, and postpartum issues (for example, postpartum depression) can qualify a woman as disabled, entitling her to specific accommodations. Importantly, the law extends these protections beyond the pregnancy period into the recovery phase after childbirth.
Obesity and Perceived Disabilities
Obesity is generally not classified as a disability under the standard legal framework. However, if obesity is directly caused by an injury or linked to a mental impairment—and if it significantly limits an employee’s job performance—it may be considered a qualifying disability. Furthermore, even if a disability is merely perceived rather than proven, an individual is still protected from discrimination based on that perception.
Defining Discriminatory Behavior
What Constitutes Discrimination?
The disability laws forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Not every negative comment or action in the workplace qualifies as discrimination. For behavior to be legally recognized as discriminatory, it must be shown that the employee is consistently singled out or subjected to adverse treatment because of their disability. Examples of discriminatory actions include:
- Terminating an employee solely due to their disability,
- Favoring other employees over someone because of their condition,
- Refusing to hire a qualified candidate because of a disability, or
- Offering lower wages based on the presence of a disability.
Such behaviors, when repeated or severe enough, can form the basis of a legal claim.
Reasonable Accommodation in the Workplace
What Is a Reasonable Accommodation?
When an employee with a disability is hired or is already working, they may request modifications to their work environment or duties to better perform their job. Reasonable accommodation refers to these adjustments, which can range from physical modifications (such as moving an office or adjusting workstations) to changes in work schedules or restructuring tasks.
The Process of Requesting Accommodations
- Employee Request: An employee suffering from a disability may ask for specific changes that will allow them to perform essential job functions.
- Employer Response: The employer is required to engage in a dialogue with the employee to explore feasible modifications. This may involve restructuring tasks, adjusting deadlines, or altering the work environment.
- Limits of Accommodation: While employers must make reasonable efforts to provide accommodations, the adjustments should not impose an undue hardship on the business or pose a risk to the employee or others in the workplace. The final determination of what is “reasonable” often depends on the particular facts of the case and may ultimately be decided by a court.
Liability in Disability Discrimination Claims
When a Claim Is Filed
If an employee believes they have been discriminated against due to their disability, they have several avenues for legal recourse. A claim can be brought directly against the individual who engaged in discriminatory behavior, against the employer, or against both.
Liability Based on the Source of Discrimination
- Direct Harassment by a Co-worker: If the alleged discriminator is a co-worker with no supervisory responsibilities, the employer is typically liable only if it can be shown that the company knew or should have known about the conduct and failed to take appropriate steps to address it.
- Discrimination by a Supervisor: In cases where the discriminatory actions are carried out by a supervisor or someone in a position of authority, the employer is held strictly liable. This means that the employer may be responsible for damages regardless of whether they were directly aware of or at fault for the discrimination.
This differentiation is critical because it emphasizes the employer’s responsibility to maintain a safe and equitable workplace for all employees.
Preventing Disability Discrimination in the Workplace
Employer Strategies for Avoidance
Employers can take proactive steps to prevent discrimination charges from arising. These include:
- Employee Training: Regularly training employees about what constitutes acceptable behavior and what does not.
- Written Policies: Developing, explaining, and enforcing written policies that outline acceptable conduct and the consequences of discrimination.
- Clear Communication: Ensuring that all employees understand their rights and responsibilities can help deter discriminatory behavior and create an inclusive work environment.
By implementing these measures, employers not only protect themselves from potential legal action but also promote a more respectful and productive workplace.
Steps to Take If You Believe You Have a Case
If you feel that you have been the victim of disability discrimination, it is important to take immediate steps to protect your rights. You have three main options:
- Speak with Your Employer: Start by discussing your concerns with your employer or the human resources department.
- File an Administrative Claim: This can be done through the appropriate state or federal agency that oversees employment discrimination.
- Pursue a Lawsuit: If administrative remedies do not provide a satisfactory outcome, filing a lawsuit may be necessary.
Remember, there is typically a one-year statute of limitations from the time of the discriminatory act to file a claim. To ensure that your case is considered in a timely manner, it is advisable to consult with an attorney who specializes in employment discrimination. Although legal representation might seem costly at first glance, many attorneys work on a contingency fee basis, meaning you only pay if you win your case. This can significantly reduce the financial burden on you.
It is also important to note that if you choose to speak up, the law protects you against any retaliatory actions from your employer. An employer cannot terminate or demote you simply because you have filed a claim against them.
Legal Guidance and Support
Disability Discrimination Lawyer Support
A qualified disability discrimination lawyer can provide invaluable guidance when navigating the complexities of employment law.
If you believe you have been wronged, consulting a disability discrimination lawyer might be your first step towards justice.
It is advisable to retain a disability discrimination lawyer who understands the nuances of both ADA and FEHA regulations.
A dedicated disability discrimination lawyer will work diligently to ensure that your rights are protected throughout the legal process.
In many cases, a disability discrimination lawyer can help you secure the compensation you deserve without undue financial burden.
Disability Discrimination Attorney Support
Engaging with a disability discrimination attorney can offer specialized expertise tailored to your unique situation.
A competent disability discrimination attorney will review your case meticulously to identify any potential violations of your rights.
It is important to choose a disability discrimination attorney who has a proven track record in handling similar cases.
Many individuals have found that working with a disability discrimination attorney not only clarifies their legal options but also provides emotional support during challenging times.
Ultimately, a disability discrimination attorney can be an essential partner in advocating for your rights in the workplace.
Conclusion
Disability discrimination remains a significant concern in today’s workforce. However, through understanding the legal framework—both federal and state—and by recognizing what constitutes discriminatory behavior, employees are better equipped to protect their rights. The provisions under the ADA and FEHA offer robust safeguards, ensuring that all employees, regardless of their disability, can expect fair treatment and reasonable accommodations in the workplace.
Employers, on their part, have a responsibility to foster an environment free from discrimination by implementing clear policies, training staff, and addressing any potential issues proactively. If you believe you have experienced discrimination, acting swiftly and seeking professional legal advice can help ensure that your rights are upheld and that justice is served.
By being informed and proactive, both employees and employers can contribute to a more inclusive, respectful, and equitable working environment where disabilities do not hinder professional growth or lead to unfair treatment.
By: Brad Nakase, Attorney
