Table of Contents
- Definition of Disability Under FEHA
- The Interactive Process
- Types of Reasonable Accommodations
- Failure to Accommodate Claims
- Medical Leave and Disability
- Proving Disability Discrimination
- Conclusion
Key Takeaways
- FEHA provides broader disability protections than federal ADA
- Employers must engage in timely, good-faith interactive process
- Accommodations may include modified schedules, equipment, or job restructuring
- Employers cannot reject accommodations without proving undue hardship
- Medical conditions need only ‘limit’ major life activities, not ‘substantially limit’
California’s Fair Employment and Housing Act provides workers with disabilities stronger protections than federal law, requiring employers to provide reasonable accommodations and engage in meaningful dialogue about workplace modifications. If you’re facing disability discrimination in Los Angeles, the employment law attorneys at Law Offices of Todd M. Friedman, P.C. can help ensure your employer meets its legal obligations.
Definition of Disability Under FEHA
California defines disability more broadly than federal law. Under FEHA, a condition qualifies as a disability if it limits a major life activity. Federal ADA requires the condition “substantially limit” activities—a higher threshold.
This broader definition means more California workers qualify for disability protections, including those with conditions like diabetes, depression, or chronic pain that may not meet federal standards.
The Interactive Process
When an employee requests accommodation or an employer becomes aware of a potential disability, California law requires both parties to engage in a timely, good-faith interactive process. This collaborative discussion explores possible accommodations that enable the employee to perform essential job functions.
Employers violate FEHA by failing to initiate the interactive process, refusing to participate in good faith, or prematurely concluding that no reasonable accommodation exists.
Types of Reasonable Accommodations
Reasonable accommodations vary based on individual needs and job requirements. Common accommodations include modified work schedules, ergonomic equipment, job restructuring, reassignment to vacant positions, leave for medical treatment, and telework arrangements.
Failure to Accommodate Claims
Employees can bring failure to accommodate claims when employers refuse reasonable requests without demonstrating undue hardship. Employers bear the burden of proving an accommodation would cause significant difficulty or expense.
Medical Leave and Disability
California’s CFRA and FMLA provide job-protected leave for employees with serious health conditions. Employers must also provide reasonable leave as an accommodation under FEHA when employees need additional time beyond statutory leave.
Proving Disability Discrimination
Successful disability discrimination claims require showing: you have a qualifying disability, you could perform essential job functions with or without accommodation, you suffered adverse employment action, and the disability was a substantial motivating factor in that action.
Conclusion: Assert Your Rights Under California Law
California’s disability protections are designed to ensure workers with medical conditions can continue contributing in the workplace with appropriate accommodations. When employers fail to engage in the interactive process or deny reasonable accommodations, they violate the law and deprive employees of their livelihoods.
Law Offices of Todd M. Friedman, P.C. has successfully represented numerous employees in disability discrimination and failure to accommodate cases throughout Los Angeles. We understand the medical documentation required to support these claims and know how to prove employers failed to meet their legal obligations. If you’ve been denied accommodations or discriminated against due to a disability, contact us today for a free consultation. We’ll fight to protect your rights and secure the compensation you deserve.
