Know Your Rights Regarding Disability Discrimination
California Family Rights Act (CFRA) and Family Medical Leave Act (FMLA) Lawyers
Discrimination against employees (or potential employees) due to their disabilities is illegal under the Family and Medical Leave Act and California Family Rights Act (CFRA). Such discrimination can occur at any stage of employment, including:
- The application and hiring process
- The interviewing process
- The wages and benefits process
- Demotion or promotion
- The termination process (firing or laying off)
California law also protects employees who are discriminated against because they take care of a family member with a disability.
An employer is required to provide reasonable accommodations that allow a disabled employee who is otherwise qualified to perform the “essential job functions.” This means that a disabled employee with the education and training required of the position must be provided with the necessary equipment or modification to make it easier to perform the most important aspects of the job. It does not mean that the employee must be provided with the accommodation they prefer.
Reasonable accommodations can include specialized work stations, otherwise modified facilities or flexible time schedules. Importantly, employers are not required to provide accommodations that create undue economic hardship or disruption – an employer can request medical documentation or work with the employee’s health care provider to determine the most suitable (and economically justifiable) accommodation.
It is illegal to retaliate or harass an employee after he or she has requested an accommodation.
Put Our Experience To Work For You
Are you concerned that you are being pushed out the door because your employer does not want to provide a reasonable accommodation for your disability?