California Disability Discrimination

ADA & FEHA Ca State :: The Law Protects People with Disabilities on the Job

Under federal "ADA" law, employers must make reasonable accommodations to enable an employee with a disability to perform a position's essential functions.

A reasonable accommodation is an action that enables an employee with a disability to receive the same opportunities and benefits of employment as other employees. This may be fulfilled by making facilities readily accessible to disabled individuals, providing transfer or reassignment to a vacant position for which the disabled employee is qualified, providing part-time or modified work schedules, or providing modified equipment or devices to accommodate a disabled employee. This is an ongoing duty and not a one-time effort.

However, the employer's duty to accommodate has its limits. Accommodations must not impose an "undue hardship" on the operation of the employer's business. The employee must prove that the accommodation is reasonable both in cost and benefit to the employer's business.

How do you prove a claim for disability discrimination in CA?

Generally, three things must be proven for an individual to prevail under a California disability discrimination claim:

- A plaintiff must prove that one has a disability, and

- A plaintiff must be a "qualified individual," capable of performing the essential functions of a job either with or without reasonable accommodation, and

- A plaintiff must have been unlawfully discriminated against because of his or her disability.

Los Angeles Disability Attorneys Harris & Kaufman Can Help