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DISABILITY, PREGNANCY & MEDICAL CONDITION DISCRIMINATION

It is illegal for employers to discriminate against qualified individuals with a disability in job application procedures, hiring, advancement, or termination, compensation, job training, or in the other terms, conditions, and privileges of employment.

Employers Are Required to Provide Reasonable Accommodations. If you are injured or disabled, the employer has a legal obligation to consider whether or not a “reasonable accommodation” can be made in order to allow you to perform the job function. The employer may not simply terminate you because you cannot do the job you were hired to do, without first determining that you cannot be accommodated. A “reasonable accommodation” is when the employer modifies the job duties, provides extra help, tools, assistance, or takes some other measure to ensure that the person can still be able to do the job. By way of example only, we recently helped an employee recover $250,000 when his employer refused to accommodate the employee who could have performed his job functions per the advice of his medical care provider, if he was provide a proper ergonomic chair. Reasonable accommodations may differ in each case, depending on the size of the company and the requested accommodation. Time off from work, may be a form of accommodation.

Your employer is also obligated to “engage in the interactive process” once the need for an accommodation arises. (Cal. Gov. Code § 12940(n).)  Its goal is to determine whether the disabled employee can still perform the essential functions of the job with an accommodation. The employer is obligated to figure out a way for the employment relationship to continue with the employee’s present physical or mental condition.  The interactive process may take hours, days, weeks, or even months. Both the employer and the employee need to go back and forth to the drawing board to figure out whether an accommodation is possible and if not, why not. You may also be entitled to protection under the Fair Employment and House Act (FEHA), Family Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA).

Contact us for a confidential consultation today.