Disability discrimination laws protect employees with disabilities from unfair treatment. This includes workers who may need adjustments at work to perform their jobs effectively due to a disability or medical condition. Employers must make reasonable accommodations if an employee’s request is manageable and does not cause the company an undue burden. These protections come from laws like the California Fair Employment and Housing Act (FEHA). They cover various employment actions, including hiring, promotions, job assignments, and termination. If an employer fails to accommodate a disability or retaliates against an employee who requests accommodation, they may be violating California law.
What Disability Discrimination Looks Like
Disability discrimination often follows patterns and may not always be immediately apparent. In many cases, discriminatory actions come after a worker suffers an injury or discloses a disability to their employer. For instance, an employee who is injured and has a traumatic brain injury (TBI) may need time to recover and might require a modified work schedule when they return. Initially, their employer might be understanding, but later, when the employee requires further accommodations, the employer’s attitude may shift.
Suppose an employer starts pushing for a full workload before the employee is ready, which goes against what the employee’s doctor has outlined. This can indicate a lack of accommodation or even retaliation in that case. Employers cannot legally fire an employee simply because of a disability or needing ongoing medical accommodations. However, employers are expected to attempt to mask such discriminatory actions by citing performance issues or the business’s operational needs, which may be misleading or “pretextual.” If an employee has received positive reviews or demonstrated strong job performance before disclosing their disability, sudden issues raised by the employer may indicate an underlying discriminatory motive.
Retaliation is also a form of discrimination that is strictly prohibited. For example, if an employee takes time off due to a disability or requests a specific accommodation, any adverse employment action following these requests may suggest retaliation. Adverse actions can include demotions, schedule changes, reduced hours, or even termination. The timing and nature of these actions can often infer evidence of discrimination. Retaliation also applies when an employee advocates for workplace accommodations or files a complaint about discriminatory practices.
Businesses Cannot Mask Discriminatory Actions
Employers sometimes attempt to mask discriminatory actions by offering justifications that may appear reasonable. This practice is legally known as “pretext.” For instance, if an employer suddenly raises performance issues as a reason for termination right after an employee has disclosed their disability or requested accommodation, it may be an effort to hide discriminatory intent. Discriminatory actions tend to follow a specific timeline and can often be inferred through changes in treatment and inconsistent actions by the employer. A good record of performance or strong reviews followed by sudden negative actions can indicate that the employer is using false or exaggerated reasons to justify their actions.
California law also recognizes “associational disability discrimination,” which applies to employees who are associated with someone who has a disability. If an employee has to help a family member dealing with a severe illness and takes time off work, an employer might retaliate, viewing the absences as inconvenient. Employers cannot treat workers unfavorably due to their association with someone with a disability or use their caregiving responsibilities as a basis for adverse employment actions. Any sudden reduction in hours or termination following an employee’s need to take medical leave for an ill family member could be evidence of associational disability discrimination.
Sansanowicz Law Group Protects Employees’ Rights
If you believe your rights under California’s disability discrimination laws have been violated, it is important to understand your legal options. Whether you’ve experienced a lack of accommodation, retaliation, or another form of discrimination, our team can help assess your case. Contact us today to schedule a free consultation.
Leonard Sansanowicz
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