How Does California Define Disability?
California is one of the nation’s most advanced states for employee protection laws, including anti-discrimination protections for those with protected characteristics. One important aspect of California’s employment laws protects employees with disabilities from discrimination in an employer’s hiring practices and in the workplace. An empathetic disability discrimination attorney in Orange County can help guide you through your legal options in a free consultation.
California’s employee protection law under the Federal Employment and Housing Act (FEHA) defines disability as follows:
“Conditions that limit a major life activity, including physical and mental disabilities, as well as medical conditions such as cancer or HIV/AIDS.”
Why Is California’s Definition of Disability Important?
Employers in every state must comply with federal employment laws, including those under the Americans with Disabilities Act (ADA). This essential federal law makes it unlawful for an employer to discriminate against an individual with a disability during hiring practices and while on the job if the individual is qualified for the position and has a disability. However, the federal employment law under the ADA defines disability as follows:
“A person has a disability if he has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.”
While California’s employee protection law under FEHA protects employees with a condition that “limits” their abilities, the federal law only protects those with a condition that “substantially limits” their abilities. In other words, the state law’s standard is lower and offers protection to more individuals than the federal law.
Understanding Reasonable Accommodations for Disabled California Employees
The federal protections provided by the ADA also require a disabled employee to be able to perform the essential functions of a job position, with or without reasonable accommodations. However, under FEHA, California law requires all employers with five or more employees to provide reasonable accommodations to employees with disabilities, as long as the accommodation does not cause the employer undue hardship or create a safety hazard. Reasonable accommodations for an employee with a disability include the following:
- Allowing time off for medical appointments
- Providing ramps and restroom accessibility
- Changing a work schedule or allowing a flexible schedule
- Relocating a work area, such as to a ground-level floor
- Providing mechanical or electronic assistive equipment, ranging from an adjustable desk or work stool, to closed captioning equipment for a hearing-impaired employee during meetings
California’s workplace protection laws aim to remove barriers that could otherwise prevent a disabled employee from remaining or becoming self-supporting. Call our experienced discrimination attorneys if you believe you are being discriminated against due to your disability in the workplace.
Understanding Disability as a Protected Characteristic In California
California’s employment laws center on protecting employees and prospective employees from discrimination based on their protected characteristics during the hiring process and in the workplace. These characteristics include disability as well as race, sex, sexual orientation, age, religion, and country of origin.
State and federal protections are crucial for all employers to consider when advertising an open job position, during recruitment, in their hiring practices, when considering promotions, and when terminating a worker’s employment. The law also protects employees from employer retaliation when an employee exerts their legal rights under both federal protections afforded by the ADA and state protections under FEHA.
A California employment lawyer can help you understand your workplace rights as a disabled employee in California.