Disability Discrimination FAQ Guide

A disability includes any physical or mental condition that limits a major life activity, such as working, walking, or speaking. Unlike federal law, California’s Fair Employment and Housing Act (FEHA) provides broader protections, covering conditions even if they are temporary or not currently active, like certain chronic illnesses or injuries.

California’s FEHA prohibits employers from discriminating against employees or job applicants with disabilities. This includes:

• Refusing to hire or promote someone due to their disability.
• Terminating someone or demoting them based on their condition.
• Failing to provide reasonable accommodations.

These protections apply to organizations with five or more employees.

Reasonable accommodations are adjustments or modifications employers must make to help individuals with disabilities perform essential job functions. Examples include:

• Providing assistive technology or equipment.
  Allowing flexible work schedules.
• Offering remote work options.
• Modifying workspaces for wheelchair access.

Employers are not required to make accommodations that would impose an undue hardship on their business.

If you believe you’ve been subjected to disability discrimination, follow these steps:

1. Document the incidents, including dates, specific actions, and statements.
2. Report the issue to your employer’s HR department or supervisor.
3. File a complaint with California’s Civil Rights Department (CRD) if the issue remains unresolved.

For legal guidance, consider consulting a disability discrimination attorney.

Yes, employers are legally required to engage in a good faith interactive process to explore reasonable accommodations with the employee. This two-way dialogue is essential to determine effective and feasible adjustments.