California Disability Discrimination Attorneys
Persons with disabilities are protected in the workplace under the federal Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
Employers may not deny a job or promotion to a disabled person who can perform the essential duties of that job. An employer is required to provide reasonable accommodations to the disabled worker so that he or she can perform the job’s tasks.
If you have a disability or serious medical condition and feel you have been the victim of discrimination, contact the California disability discrimination lawyers at The Law Offices of Alex G. Tovarian.
What is a Disability Under California Law?
Under the FEHA, there are two categories of disability–mental and physical. A person with a medical condition may also be protected.
This is anyone having a physiological disease, disorder, condition, disfigurement or anatomical loss that affects one or more several body systems and limits a major life activity. It also includes any other health impairment requiring special education or related services; and having a record of a disease, disorder, condition, cosmetic disfigurement, anatomical loss or impairment that is known to the employer.
This includes anyone with a mental or psychological disorder or condition including mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disability that limits a major life activity or any other mental disorder requiring special education or related services.
Included are persons who have health impairments due to or associated with a diagnosis of cancer, a record or history of cancer, or genetic characteristic. A genetic characteristic is one that could statistically lead to an increased chance of a disease or disorder.
What Obligations do Employers Have?
If a person has a recognized disability, the employer must enter into good faith interactive process to determine if there is a reasonable accommodation that would allow the worker or applicant to obtain or maintain employment. The interactive process has certain guidelines found in state law.
What is a “Reasonable Accommodation”?
A reasonable accommodation is any appropriate measure that would allow the applicant or worker with a disability to perform the essential functions of the job. This might include altering work schedules, modifying or purchasing certain equipment, making facilities accessible or restructuring the job.
You should be aware, though, that your employer is not required to provide an accommodation if it would present an undue hardship to the operation of the employer’s business.
An employer may not ask you if you have a disability or inquire about its severity. The employer also may not require you to take a medical or psychological examination.
Contact The Law Offices of Alex G. Tovarian
We understand the plight of disabled workers who may have suffered discrimination during the hiring process or in the workplace. In cases like these, you need the experience of an attorney who has successfully handled disability discrimination cases. Contact The Law Office of Alex G. Tovarian today for a free, confidential initial consultation. We have the resources and knowledge to handle disability discrimination cases.