Target Focus: California Disability Discrimination, Reasonable Accommodation & Retaliation
California employees with disabilities may have important legal protections in the workplace. The California Fair Employment and Housing Act, commonly referred to as FEHA, addresses discrimination, reasonable accommodation, the interactive process, and retaliation in qualifying circumstances.
A workplace dispute involving disability can become complicated because employers may identify performance, attendance, staffing, or business reasons for employment decisions while an employee believes the actual reason was disability-related.
The facts and evidence are therefore extremely important.
Reasonable Accommodation
California law generally requires covered employers to provide reasonable accommodation to qualified employees with disabilities unless doing so would create an undue hardship.
Potential accommodations can vary substantially depending on the job and the employee’s limitations.
Examples may include modified schedules, workplace equipment, job-duty modifications, leave, or other reasonable adjustments.
There is no single accommodation that applies to every employee or every disability.
The Interactive Process
The interactive process can be an important part of a disability-accommodation dispute.
When an employer becomes aware of an employee’s need for accommodation, the parties may need to communicate about potential reasonable accommodations and determine whether an effective accommodation is available.
Documentation can become important.
Employees should preserve written requests for accommodation, medical documentation provided to the employer, communications with supervisors or human resources, and records concerning the employer’s response.
When Retaliation Is Alleged
An employee may also claim retaliation when an adverse employment action allegedly occurs because the employee exercised protected rights.
Timing can be relevant, but timing alone does not necessarily establish unlawful retaliation.
The surrounding evidence may include performance records, disciplinary history, communications, comparator evidence, accommodation discussions, and the employer’s stated reason for the decision.
Evidence of Pretext
In appropriate cases, an employee may argue that the employer’s stated reason for an employment action was not the actual reason.
Courts examine the evidence and applicable legal standards to determine whether a claim has been established.
Employees should avoid deleting relevant messages, emails, documents, or other evidence.
Leeran S. Barzilai, A Professional Law Corporation represents employees in California civil litigation and employment disputes, including matters involving discrimination, retaliation, accommodation, and wrongful termination.
If you believe your employment was affected by a disability, accommodation request, or protected workplace activity, contact our office to discuss the facts and applicable deadlines.
Phone: (619) 436-7544
Email: receptionist@lbatlaw.com
Website: https://lbatlaw.com/
