What Legislation Covers Disability Discrimination?
In California, workers are protected from disability discrimination by both the federal regulations found in the Americans with Disabilities Act (ADA) and the state regulations found in California Fair Employment and Housing Act (FEHA).
Together, these pieces of legislation regulate employment policies and public access for those with mental or physical disabilities.
California’s FEHA extends broader coverage than the ADA by including temporary disabilities and using some less restrictive definitions that work to the benefit of workers with disabilities. Our Bakersfield attorneys could review a disability discrimination case to determine whether federal or state regulations were violated by an employer.
Common Types of Disability Discrimination
Disability discrimination during the hiring process can be difficult to identify, but there are some red flags to consider and document. Questions about medical conditions too early in the hiring process or a sudden end to communication after disclosing a disability are noteworthy signs that discrimination may be at play.
Another common type of discrimination is refusal to make reasonable accommodations. A reasonable accommodation may include the use of an assistive device, modified scheduling, or remote work depending on the nature of the required job tasks and the needs of the person with disabilities. If an employer refuses to extend an accommodation or offers an accommodation that is not reasonable or consistent with the job duties, the employee may be able to pursue a disability discrimination case.
If an employee is fired, demoted, or reassigned after disclosing a disability or requesting an accommodation, it can be a clear sign of discrimination, and they should contact a Bakersfield lawyer.
Finally, a hostile work environment where employees with disabilities have been excluded, mocked, or otherwise singled out and treated differently is unacceptable under employment law.
In Bakersfield, agriculture and oil jobs are prevalent, and there are sometimes disputes over reasonable accommodations in labor-intensive workplaces. There are also several smaller local businesses that may be less familiar with their responsibilities, but ignorance of the law is not a defense. Any employer with more than five employees is subject to the regulations under FEHA.
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