Disability Discrimination

Under California law, including the Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees or job applicants because of a disability or medical condition. These protections apply to hiring, firing, pay, promotions, job assignments, and every other term and condition of employment.

California's protections are among the strongest in the nation. FEHA applies to employers with five or more employees and protects workers who have a physical or mental disability or medical condition, a history of a disability, or who are simply perceived as having one. An employer cannot punish, exclude, or treat you differently because of that status.

Disability discrimination can take many forms. It is unlawful for an employer to take adverse action against you because of a disability, including:

• Refusing to hire, promote, or train you because of a disability
• Terminating, demoting, or disciplining you after learning of a disability or medical condition
• Reducing your pay, hours, or benefits because of a disability
• Harassing you or allowing a hostile work environment based on your disability
• Treating you differently because of a perceived disability or a history of one
• Retaliating against you for requesting an accommodation or asserting your rights

Employers also have a legal duty to provide reasonable accommodations and to engage in a timely, good-faith “interactive process” to identify them. A reasonable accommodation is a change to the job or workplace that allows a qualified employee to perform their essential duties. Examples include:

• Modified work schedules or the ability to work remotely
• Leaves of absence for treatment or recovery
• Ergonomic equipment or assistive technology
• Reassignment to a vacant position you are qualified for
• Reasonable adjustments to job duties or your workspace

7,800,000

Class Action

900,000

Individual Plaintiff

4,400,000

Class Action

850,000

Individual Plaintiff

4,100,000

Class Action

725,000

Individual Plaintiff

3,600,000

Class Action

420,000

Individual Plaintiff

3,500,000

Class Action

355,000

Individual Plaintiff

3,450,000

Class Action

3,300,000

Class Action

2,870,000

Class Action

To establish a disability discrimination claim under California law, an employee generally must show three things: that they had a disability or medical condition, that they were qualified to perform the essential functions of the job (with or without a reasonable accommodation), and that they suffered an adverse employment action because of the disability.

Timing, patterns of behavior, inconsistencies in the employer's explanation, and a failure to engage in the interactive process are often the strongest evidence in proving these claims.

If successful, employees who have faced disability discrimination may be entitled to significant remedies, including:

• Lost wages, bonuses, commissions, and employment benefits
• Back pay and future lost earnings
• Compensation for emotional distress, anxiety, and harm to reputation
• Punitive damages in cases involving malicious, oppressive, or fraudulent conduct
• Reinstatement to a former position or restoration of career opportunities
• Attorney's fees and litigation costs

Standing up against disability discrimination not only helps you recover your losses, it also helps ensure that employers treat every worker fairly and lawfully.

Bokhour Law Group, P.C. has extensive experience representing employees in disability discrimination and reasonable-accommodation claims throughout California. If you believe you were treated unfairly because of a disability or denied a reasonable accommodation, contact us today for a confidential consultation.