The federal Americans with Disabilities Act (ADA), and California’s Fair Employment and Housing Act (FEHA) make it unlawful for an employer to discriminate against an employee because of a physical condition or disability, mental disability or disorder, medical condition or genetic information. Disabilities can be short term injuries that will fully heal, or long-term conditions requiring lifelong medical care or treatment.
Employers have a duty to reasonably accommodate a disabled employee unless doing so would pose an undue hardship, or the employee cannot perform the essential functions of the job even with accommodation. If the employer fails to provide reasonable accommodations, fails to engage in good faith, interactive process with the employee to determine what accommodations are needed, or is shown to have discriminated against a disabled worker in any way, it is liable for all damages caused to the employee. Damages include lost past and future wages and benefits, emotional distress, and attorney’s fees and costs.What Does This Mean?
In California, a physical disability simply means you have a physical condition that makes working, walking, standing, driving, sitting or other major life activities difficult. A mental disability can be anything from anxiety to depression, or any other mental or psychological condition that makes a major life activity more difficult.
If an employee has a physical or mental disability, then an employer cannot treat them differently. An employee cannot be harassed, fired, demoted, or suspended due to their physical or mental disability or medical condition.
If you believe you have been fired or treated different at work because of your physical or mental disability or medical condition, we are here to help you. Allow our attorneys to help you work through this awful situation today. Give the lawyers at Aarons Ward call to see if we can help to keep Justice On Your Side.