Disability discrimination in California occurs when employers, businesses, or housing providers treat individuals unfairly due to a physical or mental disability. California law protects against this under the Fair Employment and Housing Act (FEHA) and requires reasonable accommodations unless it causes undue hardship.
Disabled individuals in California and elsewhere face unique challenges as they try to navigate their places of employment. While employers are required by law to provide accommodations for disabled employees, some choose to ignore the rules and even resort to discriminating against disabled employees because of their condition.
It’s important to understand what constitutes disability discrimination and how a person can go about obtaining justice after experiencing adverse treatment. If you’re facing these issues, consulting a skilled Orange County disability discrimination attorney in California can make all the difference.
Disability discrimination occurs when an employer treats a qualified individual unfavorably because of their disability. This includes:
- Denying reasonable accommodations that would help the employee perform essential job duties.
- Harassing or creating a hostile work environment due to an employee’s physical or mental impairment.
- Demoting or terminating an employee because of their disability.
Discrimination can be subtle or overt, but both forms are illegal under California and federal law.
Legal Protections Against Disability Discrimination in California
California offers some of the strongest protections in the country through:
- The Americans with Disabilities Act (ADA) – A federal law that prohibits discrimination against individuals with disabilities in employment and other areas of public life.
- The California Fair Employment and Housing Act (FEHA) – A state law that applies to employers with five or more employees and covers a broader range of disabilities than the ADA.
These laws require employers to engage in an interactive process with employees who request accommodations and prohibit retaliation for asserting disability rights.
The Americans with Disabilities Act
The Americans with Disabilities Act is designed to protect workers who may suffer from a disability from unlawful or disparate treatment in the workplace. The act specifies that employers must provide reasonable accommodations to disabled employees, and the law even covers those who have relationships with disabled individuals, such as a spouse or child.
Some employers may try to hold back a person with a disability from advancing in his or her career, or they may even not hire a person because he or she has a disability. Others may outright fire a disabled employee or make the work environment so hostile the person has no option but to quit. All these activities, of course, directly go against the stipulations of the ADA, and the act also prohibits employers asking certain disability related questions on job applications and during the interview process.
Real-World Example: Disability Discrimination Still Happens in California
Even with strong legal protections, disability discrimination remains a serious issue in the workplace. A recent lawsuit against Red Roof Inns shows how employers can still violate the rights of disabled workers.
Assumptions About Disabilities Can Lead to Discrimination
It is easy to make assumptions about people. For example, an employer may wrongly assume that a disabled worker is unable to fulfill a position because of his or her disability, when reasonable modifications may be enough to ensure success.
Not only are such assumptions often the result of ignorance, but denying a person employment due to a disability or declining to consider accommodations is a form of disability discrimination — and it is unlawful under the Americans with Disabilities Act (ADA).
EEOC Files Lawsuit Against Red Roof Inns for Disability Discrimination
The U.S. Equal Employment Opportunity Commission accused Red Roof Inns of violating the ADA in a recently filed lawsuit. Court records indicate that a visually impaired employee expressed an interest in a promotion to a new position. However, the company allegedly failed to accommodate his interest in the position or his attempts to learn more about it.
Additionally, the employee was reportedly told that it would be a waste of his time to seek the promotion because the company would not accommodate his impairment.
According to statements made by representatives from the EEOC, failure to consider the employee because of his disability is a violation of federal law. The lawsuit was filed after attempts to reach voluntary reconciliation failed.
Seeking Justice for Disability Discrimination
The lawsuit seeks compensatory damages, punitive damages, and back pay as a result of the alleged disability discrimination the employee encountered.
In a perfect world, a person’s ability to perform a job would be considered separately from his or her disabilities. Unfortunately, this is not a perfect world, and people in California and across the country sometimes find themselves with no other option than to seek legal action as a result of unlawful treatment.
What to Do If You Experience Disability Discrimination In California
If you believe you have been discriminated against due to a disability:
- Document everything. Keep a record of interactions, communications, and incidents.
- Request reasonable accommodations in writing. Be specific about what you need to perform your job.
- Report the issue to HR or a supervisor. If unresolved, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Speak to an attorney. A skilled employment lawyer can help navigate the claims process and protect your rights.
Even if your case is dismissed at first, you may still succeed through appeal or litigation.
Case Example: When Persistence Pays Off
In one case, an employee with a disability faced termination after requesting accommodations. Although the initial complaint was dismissed, the worker pursued an appeal. The appellate court ruled in the employee’s favor, sending the case back for reconsideration. This outcome shows how important it is to understand your legal rights and remain persistent.
What Disability Benefits Are Available Through Workers’ Compensation?
California’s workers’ compensation system offers various benefits for employees who suffer job-related injuries, including disabilities:
Workers’ compensation in California is a lot like other kinds of insurance. People don’t tend to spend much time thinking about the details of the program unless they actually need the benefits. It may only be after you suffer a serious injury on the job or your loved one develops an occupational illness that you start to worry about the kinds of benefits that you can get through workers’ compensation.
You probably already know that California workers’ compensation offers 100% medical coverage for treatment related to a workplace injury or illness. You may be less familiar with the disability benefits available to injured workers.
Temporary disability helps workers who will eventually heal
When you break a bone, herniate a disc or suffer a soft tissue injury, with the right care and enough rest, you will eventually be able to return to your job. For those who will miss multiple days of work but expect to eventually return, short-term disability insurance can help cover up to two-thirds of their wages, up to a regularly adjusted maximum benefit set by the state.
Permanent partial disability helps those who can work but not at the same job
Sometimes, an injury is serious enough that it will have a permanent impact on your ability to perform certain tasks. Repetitive motion injuries are a perfect example of a condition that could have a permanent impact on your ability to do a specific task, such as lifting, grasping or twisting, that could impact your earning potential.
While you may not be able to return to the same job or the same position, you may be able to seek other employment, even if it isn’t as profitable. Permanent partial disability helps close the gap between the wage you were once able to command prior to your injury and the wage that you now receive after your injury or illness.
Permanent, total disability applies to the most severe of cases
In the event that you suffered an injury so severe that you will never fully recover from it and that precludes you from performing basic tasks including caring for yourself, you may qualify for permanent, total disability benefits.
Traumatic brain injuries are an example of a workplace injury so severe that they permanently prevent someone from returning to any kind of gainful employment. Your career path and medical prognosis will have a direct impact on which kind of benefits make sense for your specific situation.
Permanent Disability In California? What Now?
For California workers in occupations that pose severe injury hazards, it would be a good idea for them to learn what steps are required to obtain any financial relief due to them. The California workers’ compensation insurance program has specific requirements with which to comply to remain eligible for benefits. The steps include administrative requirements as well as forms to complete and file the claim within the allowed time limit.
Permanent and Stationary Report
If your workplace injury caused permanent damage that will never allow you to return to the same occupation, your doctor would have to declare that the disability is permanent. The physician must then draft a Permanent and Stationary report containing the required language to declare that the worker’s condition has reached a stage called maximal medical improvement.
The physician must describe the disability by using special language to describe the following:
- The details of the medical problems, including which body parts are injured
- The level of ability or inability to move the affected body parts
- The extent of the ongoing pain
- The work restrictions detailing the work limits the worker will have
- Whether the injured worker would be able to return to his or her former occupation
- Ongoing medical care that will be necessary
- Any other factors or pre-existing conditions that may have contributed to the injury
Benefits
Once the injured worker has reviewed the P&S report for accuracy, the physician must submit it to the workers’ compensation claims administrator. Along with the Permanent Disability benefits, workers left with permanent disabilities after work-related accidents might be awarded the following additional benefits:
- Benefits to cover ongoing medical costs
- Supplemental job displacement benefits
- Benefits to teach workers new skills that will allow them to do other types of work
Most California workers whose on-the-job injuries cause permanent disabilities will be eligible for workers’ compensation benefits. However, failing to report the incident as soon as possible could invalidate the claim if not filed before the legal deadline.
Seeking Compensation for Disability Discrimination
Disability discrimination and workplace injuries can have life-altering consequences. But with knowledge, documentation, and the right legal support, employees can protect their rights and secure the benefits they deserve. If you’re facing these challenges, consider consulting with a qualified California employment lawyer to guide you through your options.
Just like discrimination based on other protected statuses, age, race, religion, etc., disability discrimination is wrong and unlawful. Should an employee face discrimination in the workplace because of a disability, he or she should discuss the matter with the company’s human resources department. If that is unsuccessful, the employee should consult with an experienced employment law attorney in California to help obtain a favorable resolution to the matter.
Key Takeaways
-
Disability discrimination includes denial of accommodations, harassment, or termination due to a disability.
-
California laws (ADA & FEHA) strongly protect disabled workers’ rights.
-
Workers should document issues, request accommodations in writing, and report discrimination.
-
Appeals can succeed even after an initial case dismissal.
-
Workers’ compensation offers temporary and permanent disability benefits.
-
A Permanent and Stationary report is key to receiving long-term benefits.
-
Timely reporting and accurate paperwork are crucial to avoid claim denial.
ES