Disability Discrimination

It is illegal for a California employer to discriminate against a qualified individual with a disability. The protections for disabled workers apply to the application process and remain throughout the hiring, advancement, and discharge of employees. Disabled Californians and Californians with perceived disabilities are protected by both the American with Disabilities Act (ADA) and the more protective Fair Employment and Housing Act (FEHA).

Our law firm has protected multiple Humboldt County employees from disability discrimination and has also counseled and defended multiple Humboldt County employers with regard to claims regarding disability discrimination. Disability discrimination cases involve an analysis of whether the disability substantially limits a major life activity (under the ADA) or limited in a major life activity (under FEHA). If the employee is disabled, under either the ADA or FEHA definition, the question becomes whether the individual is a qualified individual, meaning the person is qualified to perform the work, with a reasonable accommodation. It is also unlawful to discriminate against a person who is perceived to have a disability. If the employee is not disabled, but the employer believes he is, and discriminated against him, that is also illegal.

If you have questions regarding your rights or obligations with respect to California and/or Federal Disability laws, please contact our office to set up a consultation with one of our employment attorneys. Disability claims have strict deadlines and it is important that you contact an attorney right away so that you do not jeopardize your legal rights.