It is illegal in California to discriminate or harass an employee on the basis of their actual or perceived mental or physical disability under the Americans with Disabilities Act (ADA) and the FEHA.
Most employers in California are required to engage in a good faith interactive discussion with the employee to determine a reasonable accommodation for his or her disability and must also make reasonable efforts to accommodate the employee when doing so would not pose an undue hardship on the employer. Accommodations typically include modified schedules, providing leave, job restructuring, and reassignment, among other things.
Americans With Disabilities Act (ADA):
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.
US Dept. of Labor
Fair Employment and Housing Act (FEHA):
The Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. You may file a private lawsuit under the Fair Employment & Housing Act.
If you have any questions or if you believe your rights have been violated, don’t hesitate to contact us for a free consultation.