Disability Discrimination By Association
Published Date: April 5, 2023
As an employee or job applicant in California, you have the right to be free from discrimination in the workplace. This includes protection against discrimination based on your association with an individual who has a disability.
Associational disability discrimination is a form of discrimination that occurs when an employer makes employment decisions based on assumptions or stereotypes about an individual’s association with a person with a disability. This type of discrimination is illegal under the California Fair Employment and Housing Act (FEHA).
Under the FEHA, employers with five or more employees are prohibited from discriminating against individuals who are associated with a person with a disability. This includes family members, friends, or caregivers. Employers cannot make employment decisions based on fears or stereotypes about the disability or assumptions about the individual’s ability to perform their job.
In addition to protection from discrimination, individuals who are associated with a person with a disability are entitled to reasonable accommodations in the workplace. Reasonable accommodations may include changes to job duties, schedules, or equipment to enable an individual to perform the essential functions of their job. Employers are required to engage in a good faith interactive process with the employee or job applicant to determine what reasonable accommodations may be necessary.
If you believe you have experienced associational disability discrimination in the workplace, you may file a complaint with the California Department of Fair Employment and Housing (DFEH). Complaints must be filed within one year of the alleged discrimination. You may also choose to file a lawsuit in court.
At Bokhour Law Group, we are committed to fighting for the rights of workers in California. If you believe you have been the victim of associational disability discrimination in the workplace, our experienced employment law attorneys can help.
Contact us today for a free consultation.