Understanding Disability Discrimination Laws in California: Know Your Rights
Introduction
Disability discrimination remains an unsettling but real issue in many workplaces. Despite the progress made over the years, prejudices persist. For individuals with disabilities in California, understanding one’s rights and the legal safeguards in place is imperative to ensure they’re treated fairly and equitably.
Overview of California Laws
At the heart of California’s fight against workplace discrimination is the California Fair Employment and Housing Act (FEHA). Not only does this landmark legislation prohibit discrimination against employees on grounds of disability, but it also addresses other areas like race, age, and gender. FEHA serves as a beacon of hope for those seeking justice against workplace discrimination.
The Difference Between FEHA and the Federal Americans with Disabilities Act (ADA):
While the FEHA and ADA both advocate for the rights of individuals with disabilities, they differ in scope and coverage. The FEHA is often considered more inclusive, largely due to California’s broader interpretation of what constitutes a disability. This ensures that a larger subset of the population can claim protection under this state law compared to the federal statute.Â
While they share a common goal—to prevent disability discrimination and ensure equal opportunity—there are important distinctions between them that employees and employers alike should be aware of.
Definition of Disability:
- FEHA: Under FEHA, the definition of disability is notably broad. A disability is defined as any physical or mental impairment that significantly limits one or more major life activities. The FEHA covers both actual and perceived disabilities and also accounts for conditions that may be episodic or in remission.
- ADA: While the ADA covers a similar scope, its definition was historically narrower. Only after the ADA Amendments Act of 2008 did the definition expand to be more inclusive, aligning more closely with FEHA’s broader approach.
Covered Entities:
- FEHA: This act applies to employers with five or more employees. It also includes state and local government entities, labor organizations, apprenticeship programs, employment agencies, and licensing boards.
- ADA: ADA’s Title I, which addresses employment discrimination, is applicable to employers with 15 or more employees. This means smaller businesses are regulated under FEHA but might not fall under the ADA’s jurisdiction.
Undue Hardship:
Both the FEHA and the ADA require employers to provide reasonable accommodations unless doing so would cause an undue hardship.
- FEHA: California courts tend to interpret “undue hardship” in a stricter manner, requiring a significant difficulty or expense given the employer’s resources and circumstances.
- ADA: The ADA’s interpretation might be slightly more lenient, focusing on factors like the nature and cost of the accommodation in relation to the size, resources, and structure of the employer’s operation.
Remedies:
- FEHA: Beyond reinstatement and back pay, FEHA also allows compensatory and punitive damages without a cap, depending on the size of the employer.
- ADA: While the ADA also permits compensatory and punitive damages, it sets caps based on the size of the employer, ranging from $50,000 for employers with 15-100 employees to $300,000 for employers with more than 500 employees.
Interactivity Requirement:
- FEHA: One standout aspect of FEHA is its strong emphasis on the “interactive process.” Employers are mandated to engage in a timely, good faith interactive dialogue with an employee in need of accommodation to determine the best course of action.
- ADA: While the ADA also promotes an interactive process, the FEHA’s provisions are notably more detailed and explicit.
Retaliation Protections:
Both acts protect employees from retaliation for asserting their rights.
- FEHA: It offers robust retaliation protections, ensuring that employees who file complaints or assist in investigations are shielded from adverse employment actions.
- ADA: The ADA also provides retaliation protections, making it unlawful for employers to discriminate against any individual because they’ve asserted their rights under the ADA
Rights of Employees with Disabilities in California
In California, an employee with a disability has multifaceted rights:
- Equal Treatment: Whether it’s recruitment, promotions, or benefits, employees with disabilities should face no discrimination.
- Accommodation: It’s the employer’s responsibility to provide necessary accommodations, unless it poses an undue hardship.
- Privacy: Medical information related to a disability remains confidential and cannot be disclosed without consent.
What Counts as “Reasonable Accommodation” In the Workplace:
The term “reasonable accommodation” can encompass a variety of actions. For a visually impaired employee, it might mean providing software that reads text out loud. For someone with a mobility issue, it might be as simple as providing a standing desk. An often overlooked aspect is flexible work hours, especially relevant for those undergoing regular medical treatments.
At its core, the term “reasonable accommodation” refers to adjustments or modifications provided by an employer to enable individuals with disabilities to enjoy equal employment opportunities. It’s worth noting that accommodations vary widely based on individual needs and the specific nature of their disability. Here’s a more granular look at what this entails:
Types of Reasonable Accommodations:
- Job restructuring: This might involve reallocating or redistributing non-essential job functions or altering when and how certain job functions are performed.
- Modified work schedules: Adjusting start and finish times, allowing flexible break times, or providing part-time work schedules.
- Adjustments or modifications to examinations, training materials, or policies.
- Acquiring or modifying equipment: For instance, providing screen reading software for visually impaired employees or ergonomic office furniture to alleviate physical discomfort.
- Providing qualified readers or interpreters, particularly for employees with hearing impairments or who are visually impaired.
- Making existing facilities accessible: This could mean ensuring office spaces, restrooms, and communal areas are wheelchair-friendly.
- Remote work or telecommuting: Allowing employees to work from home or another location can often serve as a reasonable accommodation, especially given the advancements in technology.
Determining What’s “Reasonable”
The term “reasonable” implies that the accommodation doesn’t impose an “undue hardship” on the employer’s business. Factors like the nature and cost of the accommodation, the overall financial resources of the employer, the overall size of the business, and the type of operation are considered. Notably, if a particular accommodation does pose an undue hardship, employers are encouraged to explore alternatives.
The Role of Interactive Processes Between Employer and Employee
The interactive process, mandated by California law, is a two-way dialogue. It’s not just about the employer passively listening but actively participating to find solutions. This dialogue ensures that accommodations provided are not just perfunctory, but genuinely assist the employee.
Initiating the Dialogue:
Although it’s the employer’s responsibility to start the interactive process once they become aware of the employee’s need for an accommodation, employees must ensure they communicate their needs clearly. Even if they don’t use specific legal terms, expressing any work-related challenges due to a medical condition should be sufficient to kickstart the process.
Employee’s Right to a Timely Response:
Once a need is communicated, employers should not delay the interactive process. Prolonged inaction or failure to engage in a timely manner can be seen as a violation of FEHA and ADA. As an employee, if you feel the process is being unnecessarily delayed, it’s essential to document all communications.
Good Faith Engagement:
The “good faith” aspect means both parties—employers and employees—must actively participate, provide necessary information, and genuinely seek a solution. If an employer merely goes through the motions without a genuine intent to find an accommodation, they may be in violation of the law.
Seeking External Expertise:
If both parties are struggling to identify a suitable accommodation, they can seek input from external resources, such as rehabilitation experts or occupational therapists. Employees have the right to suggest external consultations if they feel it would be beneficial.
Privacy and Confidentiality:
During the interactive process, employees might need to share medical information. It’s vital to understand that employers have a responsibility to keep this information confidential, as per FEHA and ADA guidelines. Any breaches of this confidentiality can be grounds for legal action.
Potential Challenges and Legal Recourse:
If at any point during the interactive process an employee feels they’re being denied their rights, treated unfairly, or not being engaged with in good faith, it’s essential to consult with a legal professional, like Marina Fraigun. Having a plaintiff lawyer on your side can ensure your rights are protected, and necessary legal action is taken if required.
Marina Fraigun’s Perspective and Successes On the Subject
With a vast experience spanning numerous cases, Marina Kats Fraigun is a trusted voice in this domain. Through her firm, she has ensured that numerous clients get the justice they deserve, making workplaces in California more accountable.
Conclusion
The road to a truly inclusive workplace might be long, but with robust laws like FEHA and relentless advocates like Marina Fraigun, there’s much to be hopeful about. Every individual, regardless of their condition, deserves respect, equality, and the right to a fulfilling professional life. Understanding one’s rights is the first step in this journey.