Disability Discrimination for Employees; EEOC / DFEH in California

Both Federal and California State laws present a simply spoken expectation when addressing the treatment of an employee or applicant with a disability:  An employee with a impairment of a major life function (or a qualifying disability) should be given those reasonable accommodations...

Both Federal and California State laws present a simply spoken expectation when addressing the treatment of an employee or applicant with a disability:  An employee with a impairment of a major life function (or a qualifying disability) should be given those reasonable accommodations which allow the employee an equal opportunity to be successful in their jobs.   

Of course, it does gets a good deal more complicated applying the law to a particular situation; such as meeting the qualifying impairment definition, what notice(s) needs to be given to the employer, the extent of the accommodations that can be demanded, whether extended leave can be an accommodation, and what happens when the employer says no or actually disciplines the employee for the very performance impacted by the impairment.

Generally, California law under the Fair Employment & Housing Act is more all-encompassing for disabled persons and their employment rights than the federal Americans with Disabilities Act.  Also, the process for enforcement, damage claims and bringing lawsuits is somewhat different for each.

Generally, as a California employee, a charge needs to be made to the EEOC of disability discrimination under ADA within 300 days of the adverse employment action, but a charge may be made to the DFEH within one year for disability discrimination under the FEHA. Deciding which to do should be a joint decision with your attorney. (Employees & job applicants in other US States, or government and quasi-public employees or applicants may have significantly different deadlines to watch out for.)  

 A Starting Point – What Conditions Are Protected?

California seeks to protect job applicants and employees from discrimination due to actual or perceived physical impairments that are disabling, potentially disabling, or perceived as disabling or potentially disabling, and when physiological condition or impairment limits a major life activity, (meaning it makes the major life activity more difficult).  That is a very broad definition, and competent attorneys have read the cases and appreciate how some impairment may qualify but others won’t under varying circumstances.  Federal law may be somewhat less inclusive.

In plain English, it depends upon the severity of the condition and whether it is an ongoing problem in your life. For example, in some jobs being mildly dyslexic will have no effect on the employee’s performance and life activities, but in other jobs if the dyslexia symptoms are more pronounced they could have a limiting impact on performance.  And the timeframe matters; a broken foot is not a chronic impairment but if it fails to heal properly it could become one. 

In my experience, many people who do suffer from a chronic physical or psychological impairment do not believe they qualify for protections, job accommodations, or they simply fail to notify the employer due to a perceived stigma of being labeled “disabled”. That’s a very dangerous position to put oneself in.  On the flip-side, many people who are on medical leave or short-term disability believe they are automatically protected.  That’s simply wrong; qualifying for short-term disability insurance has virtually nothing to do with gaining protections against disability discrimination in the workplace under federal and state law.

How Do I Get Started?

I implore you to talk with an experienced attorney, sooner and not later.  Even if you’ve discussed the situation with your physician, read the literature, browse the websites, and contact a Disability Law Firm. You may not find the information you need to know - to say nothing of the pragmatic advice on what to do next.  This is one of the circumstances where doing the right things in the right order will allow you to fully benefit from the laws designed to afford you an equal opportunity for success.