Disability Discrimination

California’s Fair Employment and Housing Act (FEHA) and the Federal Americans with Disabilities Act (ADA) prohibit employers from discriminating against employees on the basis of a physical or mental disability with respect to any terms, conditions, or privileges of employment (e.g. hiring, firing, promotions, training, etc.). These statutes also require employers to provide reasonable accommodations when necessary to enable individuals with a disability to perform the essential functions of their job.

The FEHA provides more benefits and protections than the ADA and, in representing California employees, the Schlehr Law Firm will pursue claims under the FEHA when possible to ensure the strongest protections for our clients.

 

A disability under the FEHA is a physical disability or a mental or psychological condition that limits a major life activity. Protections under the FEHA are available to employees who are disabled and able to perform the essential functions of their job, regardless of whether the individual needs a reasonable accommodation.

 

Examples of disabilities include mobility impairments, visual or hearing impairments, cancer, HIV/AIDS, diabetes, depression, and anxiety. Of course, this is not an exhaustive list – the question is whether you have an impairment that limits a major life activity – including work.

 

The FEHA also prohibits employers from discriminating because the employer believes an employee is disabled or because an employee has a history of being disabled even if the employee is not currently disabled.

If you have been terminated, denied a promotion or employment, or otherwise discriminated against because of a disability, the attorneys at The Schlehr Law Firm are here to help.

Reach Out & Say Hello