The Americans with Disabilities Act (ADA) is federal law that protects disabled employees from being discriminated against in the workplace. Consistent with the ADA, employees with disabilities are permitted under California disability discrimination law to request reasonable accommodations from their employers in order to help them perform their job duties.
A reasonable accommodation is some modification or adjustment that helps an employee with a disability to have an equal opportunity to perform essential functions of his or her job. Employers are required to provide disabled employees with reasonable accommodations so long as the cost of the reasonable accommodation would not be considered an undue hardship for the employer.
Home Depot is in hot water due to a recent workplace discrimination suit brought against the company by a former employee who worked as a merchandiser. The home improvement store has been sued for disability discrimination, wrongful termination, and employer retaliation.
The lawsuit, which was filed in the Superior Court of California, County of Santa Clara, alleges that Guadalupe Carbajal was injured during a fall at work on February 2, 2015. The former employee had been working for Home Depot since 2013.
According to the lawsuit, Carbajal suffered from right knee, right hip and lower back pain. The suit also states that Carbajal’s supervisor did not allow her to see a doctor the following day. Additionally, her supervisor delayed providing medical claim paperwork for a full 20 days.
Most employees with disabilities know that their employer has a legal obligation to try to accommodate them at work. But when does that process of accommodation begin or end? And what exactly are an employee’s rights within the disability accommodation process?
A recent federal district court opinion provides helpful insight into these questions. The courts answer: the process of disability accommodation is ongoing, and the employee has a right to the employer’s attention to their requests for accommodation, in some cases even without a doctor’s note.
An employer in California may be liable under the California Fair Employment and Housing Act (FEHA) for failing to provide reasonable accommodation to an employee who needed to modify his work schedule in order to care for a disabled family member. While the employee isn’t disabled himself, he also sued his employer for disability discrimination. And a California Court of Appeal’s interpretation of the FEHA could be a wake-up call for other California employers.
The question of what is a disability, and what can be done to make accommodations for that disability at work, can sometimes be unclear. And nowhere is this more true than in California. California employment law offers a wide range of legal protections for workers who can establish a valid claim for disability discrimination at work. But what constitutes disability discrimination under California law?
This article will answer your questions about workplace disability discrimination laws, specifically for employees in California.
Back in October, University of Southern California head football coach, Steve Sarkisian was fired due to an incident where he appeared drunk during a preseason speech. And now, Sarkisian is suing his former employer claiming that USC violated both his contract and California employment law.
Sarkisian’s 14-count complaint filed in California Superior Court on December 7, 2015, includes claims such as disability (alcoholism) discrimination, failure to provide reasonable accommodation, employer retaliation, and wrongful termination.
Are your employee rights being violated due to your disability? If you think you have been subjected to disability discrimination in California, it’s important to know that these negative employer behaviors are illegal under both California and Federal law, yet still occur all too frequently.
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) prohibit disability discrimination and require employers to make reasonable accommodations to employees with disabilities. Disability discrimination occurs when an employee or applicant is treated unfavorably by an employer because of his or her actual or perceived disability or medical condition, or because he or she has a history of a disability or medical condition. Because workplace discrimination due to a disability can take on many forms, it can be difficult to discern whether you have or have not been unlawfully discriminated against based upon your disability status.
The following EEOC disability discrimination cases will help shed some light on your own disability rights in the California workplace.
If you are a disabled Californian and feel you have been subjected to disability discrimination in the workplace, it is important to know that California employment law offers protection for a wide variety of medical conditions and disabilities of both employees and job applicants. In addition to protecting you against other types of workplace discrimination, California and Federal laws prohibit employers from subjecting you to unequal treatment based on your actual or perceived disability. But how do you know if your employer is discriminating against you because of your disability?
The information in this article will supply you with important facts you should to know about disability discrimination laws in California, common signs your employer may be discriminating against you, and how to file a workplace discrimination complaint.