California law recognizes the importance of providing equal opportunities for individuals with disabilities in the workplace. The Fair Employment and Housing Act (FEHA) mandates that employers provide reasonable accommodations to employees and job applicants with disabilities, enabling them to perform their job duties and participate fully in the workplace. At KAASS Law, we are dedicated to upholding the rights of individuals with disabilities and ensuring that employers fulfill their legal obligations. The following will explore the intricacies of reasonable accommodation under FEHA and how we can help if your rights have been violated.
The Fair Employment and House Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. According to the Fair Employment and Housing Act, employers who have five or more employees are required to provide reasonable accommodation in California for individuals with a mental or physical disability to perform essential functions of their jobs.
Reasonable accommodation in the workplace can include, but is not limited to:
An employer is not required to provide reasonable accommodation if the employer would suffer an undue hardship.
California Government Code Section 12926 (u) defines an undue hardship as, "an action requiring significant difficulty or expense."
To determine whether an undue hardship exists the courts look at the following factors:
When the applicant or employee requests reasonable accommodations the employer is required to initiate an interactive process. Under California law, it is illegal for an employer to fail to involve in a timely and good-faith interactive process. The main aim of this process is to remove barriers that keep people with disabilities from performing jobs that they could perform with some form of accommodation.
To prove the claim of failure to accommodate a disability a plaintiff must establish the following:
For purposes of this claim, a person doesn’t have to establish that he/she suffered an adverse employment action as a consequence of his/her disability. According to the California FEHA, an employer’s failure to reasonably accommodate a person is a violation of the statute.
Damages depend on the level of the discrimination and the type of harm to the employee and can include monetary damages, equitable remedies, and punitive damages Money damages include:
If you believe your employer has failed to provide reasonable accommodation or has engaged in discriminatory practices related to your disability, it's crucial to seek legal counsel. At KAASS Law, we have extensive experience representing employees in disability discrimination and reasonable accommodation cases. We can help you:
If you believe you have been denied a reasonable accommodation by your employer we invite you to contact our Los Angeles disability discrimination attorneys at (310) 943-1171 for a free consultation.
You have the right to a workplace that supports your abilities and provides the necessary accommodations for you to thrive. If you're facing challenges related to reasonable accommodation, contact KAASS Law today for a free consultation. We're here to help you navigate the complexities of FEHA and ensure that your rights and its protection.
Are you wondering if you have been a victim of employee disability discrimination in California? According to California Fair Employment and Housing Act (FEHA), it is unlawful for the employer to discriminate against any person based on mental or physical disability. Americans with Disabilities Act (ADA) protects qualified employees and applicants from employment discrimination based on disability.
According to CACI 2540 to establish the claim of employment discrimination based on disability the plaintiff must be able to establish the following elements:
Plaintiff does not need to prove that the defendant held any ill will or animosity toward him personally because he was perceived to be disabled.
Examples of employment disability discrimination include:
A reasonable accommodation is any change to the application or hiring process, that way perform the main functions or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
Depending on the type of the case and the jurisdiction and type of discrimination case, a person can file with either the EEOC or DFEH. Claims must be filled in accordance with the statute of limitations. The employer can file the claim as soon as he became aware of the discriminatory conduct. After the agency receives a complaint from the employer, an investigation takes place. During this investigation, the agency will obtain relevant evidence of the employer’s unlawful conduct and in case it determines that workplace discrimination occurred. The agency can undertake one of the following steps:
If you believe that your employer has discriminated against you on the basis of a disability, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.