Some employees enjoy being challenged in their work while others find pleasure in doing work that doesn’t feel like work at all.  But what about employees who feel like they are being set up for failure? What if you were told you couldn’t work because you weren’t good enough or because you weren’t ‘normal’? What if you were denied an opportunity to work because your physical appearance was different from most people?  There are laws in place that are intended to shield employees or individuals applying for a position who have a disability or who are currently in a position.  But even though these laws exist, discrimination is not an unknown practice in many workplaces. Many employees in California with a disability are made victims of discrimination and wrongful termination. 

This article touches on some important questions to ask if you or someone you know is being discriminated against at work. 

1.  How do I know if I am being discriminated against because of my disability?

Whether an employee is being discriminated against based on their disability is the very question to be tried in a courtroom.  An employee who may decide to go down a legal path of answering this question may base that decision on experiencing intense forms of being singled out based on their disability.  Below is an example of an employee who may claim that she was being treated adversely based on her disability. 

Pam, a partially blind employee at a retail store, began experiencing mistreatment at work when she requested better lighting in the stockroom.  Pam had been working in her position for three years and was able to carry out her duties without any issue, up until they began forcing her to work the night shifts.  Although Pam was happy to work the night shift, she needed better lighting in the stockroom to make up for the lack of daylight that normally came through the windows during her day shifts.  When Pam made her request for better lighting, she elaborated on her need for illumination in all areas in which she would be working to carry out her duties properly and safely.  After a week with no response to her request, Pam was then written up for poor work performance. 

Here, after further investigation, certain facts may reveal that Pam was being discriminated against for her disability and was also a victim of retaliation for her request for better lighting. Some facts may include that the employer/human resources were on notice of Pam’s disability, that adjusting the lighting was a reasonable accommodation, and perhaps that the write-up had no foundation other than it was made right after she made her request. 

This is just one example of how an employee may identify whether they are being discriminated against because disability discrimination can take various forms.  Some other examples of discrimination may be a demotion, denial of employment benefits, name-calling, teasing, and refusal to make reasonable adjustments. 

2.  What is considered a disability?

California employment laws do not recognize every disability.  Most disabilities that are recognized are those that impact an employee’s ability to carry out everyday life activities.  Everyday life activities may include seeing, talking, hearing, walking, or even learning. Some other acknowledged disabilities may also include an employee who is struggling with a past disability such as treatment for a disease or illness.  Lastly, some temporary disabilities can even be legally recognized. 

Each employee’s situation is unique and would need to be examined by a legal professional to determine whether the employee has a legally recognized disability as well as if the facts of the case point to discrimination and or wrongful termination.  Wrongful termination in this situation would be if the employee did have a legally recognized disability and he or she was fired for having the disability or due to reasons that concerned his or her disability. 

3.  How can I protect myself as an employee with a disability? 

As mentioned in the beginning, there are laws in place to protect employees from being treated unfairly and unlawfully at work.  Employees can also take steps to protect themselves.  Some steps may include ensuring that their employer is on notice of their disability, providing all necessary paperwork to the employer confirming the disability, and also putting all complaints and requests for accommodation in writing.  These steps can help keep clear and open communication between the employee and employer. Should there be an issue down the line, the employee will have paperwork to show they made a reasonable effort to communicate their needs to their employer.

4.  What if I was fired for a bogus reason but I know it was really because of my disability?

Going back to the previous example of Pam, she requested to have better lighting made available to her in her workspace.  Soon after she made the request she received a poor work performance write-up.  Based on Pam’s disability, the fact that she requested accommodation if the accommodation was reasonable, and the timing of when the write-up was assigned, Pam may be able to prove that it is more likely than not that she was retaliated against.  This means that Pam is being singled out and treated unfairly because she requested to accommodate her disability. 

5.  How do I know if I should take legal action?

Choosing to pursue legal action against an employer should never be taken lightly. The decision to file an official claim against an employer for discrimination should be informed. An employee or former employee should contact an employment lawyer to discuss the facts of their possible claim against the employer.  The employment lawyer may want to see particular documents and obtain detailed facts about what was said or done at work surrounding the possible discriminatory acts.  Each claim is unique and must be examined 

More Articles about ADA and disability discrimination at the workplace:

• How The American Disability Act (ADA) has protected disabled workers?
• How ADA Can Protect Millions of American lives
• 4 Things an Employee Should Know About Filing a Disability Discrimination Claim
• 5 Disabilities that May Be Protected By Employment Law
• 5 Ways an Employer May Be Liable For Disability Discrimination
• 6 Nuances of Disability Discrimination Law in California
• 8 Things You Need To Know About Disability Discrimination
• 8 Main Disability Discrimination Questions
• 9 Things Job Hunters With a Disability Should Know

Under California state law, workers with a disability are protected against several forms of discrimination in employment practices. Employers subject to this legislation cannot base employment decisions like hiring, firing, promoting, paying, or training on an employee’s disability status. Moreover, employers are legally obligated to make reasonable accommodations for workers who have a disability so that they can perform their job duties. Employees who are protected under state law include those who suffer from physical and mental disabilities, as well as medical conditions. Physical disabilities include physical impairments affecting a major bodily system and limiting a major life activity. Some conditions have been explicitly named as protected under state law: blindness, deafness, missing limbs, mobility impairments requiring wheelchair use, cerebral palsy, and episodic or chronic conditions like epilepsy, seizure disorder, diabetes, multiple sclerosis, HIV/AIDs, hepatitis, and heart/circulatory disease. Mental disabilities in this context include mental or psychological conditions that limit a major life activity (e.g. autism, bipolar disorder, obsessive-compulsive disorder, clinical depression, cognitive disabilities, etc.). Medical conditions refer to genetic characteristics associated with a disease or health impairment related to a diagnosis of cancer; they often come up in disability discrimination because of increased risk of future medical issues. These definitions may seem vague or unclear, giving a glimpse into how complicated disability discrimination law can be and how Employment Law Measures Disability Discrimination. Let’s look at a few things that are good to know about the coverage and limitations of disability discrimination law in California.

1. California law specifically excludes particular mental health problems

            While California law has broader protections for workers with a disability than federal law, there are explicitly excluded categories of mental health problems that are not protected at all from discrimination in employment practices. These include compulsive gambling, kleptomania, pyromania, and particular sexual behavior disorders, including pedophilia, voyeurism, and exhibitionism. Additionally, substance abuse disorders resulting from the current, unlawful use of drugs are not protected. Consequently, employment discrimination based on any of these problems is legal.

2. Mild, temporary disabilities are not protected

            This probably makes intuitive sense to most people. What it means is that employees suffering from conditions that have minor or no long-term effects do not qualify as a protected class. For instance, Perry has the flu. He asks his boss for a reasonable accommodation to his temporary disability in the form of a week off of work. His boss tells him he can use sick days. This example illustrates that it really wouldn’t make sense for colds, flu, and the like to allow people special accommodations when there are alternative ways to deal with those relatively mild problems. Other conditions not protected include sprains, muscle aches, bruises, soreness, minor scrapes, non-migraine headaches, and minor gastrointestinal disorders that are not chronic. If employers want to fire someone for getting the flu, they can technically do that, assuming at-will employment, and most courts will not cry foul unless the sick person had a pretty severe reaction. 

3. Reasonable accommodations must be, well, reasonable

            Yes, employers must make reasonable accommodations for employees with disabilities. What does that mean exactly, though? “Reasonable” in this context means the accommodation does not impose an undue hardship on the employer. Undue hardships would involve substantial expense and difficulty for the employer and can be determined by looking at things like the employer’s financial resources, the size of the business, the nature, and cost of the necessary accommodation, and the impact the accommodation is likely to have on the employer’s business operations. Given that, it is usually possible for employers to come up with reasonable accommodations. Installing ramps, providing screen reader software or closed captioning at meetings, printing materials in large print, and adjusting work schedules are all examples of common, relatively simple solutions to problems posed by certain disabilities.

4. Employers who do not know cannot be held liable 

            Employees with a disability typically have a responsibility to make their employers aware of any need for accommodations. Legally, employers cannot be held responsible for discriminating based on disability if they were unaware of the disability. For instance, employers are not liable for failing to accommodate someone they did not know needed to be accommodated. There are several things employees need to know about disability discrimination because most employees with disabilities who might need reasonable accommodation should inform their employer about their condition, assuming the disability and limitations are not very obvious. It is a good idea for employees to give notice of their disability in writing, whether through email, text, or dated letter. Documenting this notice can protect the employee later if the employer tries to deny knowledge of it. Sometimes, employees must provide medical documentation confirming their disability or need for accommodation and in those cases, failure to do so can preclude any claims of illegal disability discrimination.

5. Some employers must accommodate people suffering from alcoholism and/or drug addiction

            Employers with 25 or more employees must provide reasonable accommodations for employees with addictions to drugs or alcohol. However, employees are only eligible if they voluntarily enter and participate in a drug or alcohol rehabilitation program, which the employer must permit as long as the leave of absence would not pose an undue hardship. The period of leave is unpaid unless the employee uses accrued leave, like sick days. Moreover, the employer has a duty to try to protect the privacy of any employees who do choose to participate in the rehabilitation program. These protections only extend so far, though. Employers are within their right to discipline or fire employees who show up to work under the influence of drugs or alcohol, as well as employees whose performance is negatively affected by their alcohol or drug use.

6. Mixed-motive claims can get tricky

            If an employer takes an adverse employment action against an employee and part of the reason is based on said employee’s disability or the employer’s perception of a disability, then that should be grounds for a successful discrimination lawsuit, right? Well, not exactly. If there were multiple motives the employer had in taking the action and they were not all discriminatory, then the law gets a little more complicated. An employer might have legitimate reasons to fire an employee with a disability that is unrelated to the disability. In mixed-motive disability discrimination cases, the discriminatory intent must be a “substantial motivating factor” in the adverse employment decision. If an employee file a disability discrimination claim and employer can show that a legitimate, non-discriminatory motive by itself would have led to the same decision, then their liability is significantly reduced.

            Clearly, there are many nuances of the law when it comes to disability discrimination. Because the law can be so complicated, employees who think they have a claim or have a question about disability discrimination and want to understand their rights better are urged to contact a discrimination attorney. Together, they can work towards equality for people of all abilities. 

More Articles about ADA and disability discrimination at the workplace:

• How The American Disability Act (ADA) has protected disabled workers?
• How ADA Can Protect Millions of American lives
• 4 Things an Employee Should Know About Filing a Disability Discrimination Claim
• 5 Important Questions Asked about Disability Discrimination and Wrongful Termination
• 5 Disabilities that May Be Protected By Employment Law
• 5 Ways an Employer May Be Liable For Disability Discrimination
• 8 Things You Need To Know About Disability Discrimination
• 8 Main Disability Discrimination Questions
• 9 Things Job Hunters With a Disability Should Know

“You’re too slow for this job”, “people like you are lazy”, “You’re a freak”. 
Americans with disabilities endure all kinds of hateful treatment, but what happens when it occurs in the workplace? Discrimination in the workplace is an issue some employees are still facing despite the laws in place that prohibit discriminatory practices.  Employees or applicants who have a disability, whether it is temporary or permanent, have certain rights when it comes to obtaining or maintaining a discrimination-free career. An employment lawyer is the type of legal professional who can answer questions about disability discrimination and help an employee or applicant with a disability who has been treated adversely in the workplace or during an interview process. Below is some information an employee or applicant should keep in mind if she or he is considering hiring a Disability Lawyer and/or filing a suit.

1.  The law has its definition of “disability”

According to certain laws, an employee is recognized as disabled if he or she is physically or mentally impaired so significantly that he or she is unable to carry out various primary self-care activities. The law also specifies that certain mental and physical disabilities are recognized under the law. An employee may have a recognized physical disability if it is a disease, disorder, condition, cosmetic disfigurement, or anatomical loss, or health deterioration. Again, the physical impairment would need to limit the employee’s ability to carry out essential life activities for the impairment to be considered as a disability according to the law.

As far as mental disabilities go, psychological conditions are also recognized under the law.  Like physical impairments, an employee with a mental or psychological impairment that limits any significant everyday life activities is considered a recognized disability. Recognized mental and psychological disabilities may include mental illnesses, emotional disorders, and some particular learning disabilities.

2.  An employee should know what the law considers “discrimination”

When it comes to disability discrimination, the law prohibits an employer from treating employees with certain disabilities in a negative way.  Keeping in mind what disabilities are recognized by the law, an employee who has a recognized disability is considered a victim of disability discrimination if he or she is singled out because of his or her recognized disability.  An employee with a disability may identify certain treatment as discriminatory such as being passed up for promotion because of their disability, denial of employment benefits, denial of training that may lead to promotional opportunities, a decrease in work hours, deduction in payment, disciplinary action based on fictitious reasons, and/or termination. An employee with a disability may also experience discrimination through name-calling, teasing, jokes, or nicknames.  Especially with today’s technology and social media, many employees with disabilities are discriminated against through emails, text messages, memes, cartoons, and even videos.  Any type of treatment that is negative towards an employee because of their disability or regarding their disability may be considered employment discrimination.

Discriminatory behavior can come from other employees as well as employers.  Employers are liable for any behavior other employees inflict upon an employee with a disability.  If an employee with a disability is being discriminated against, the employee needs to give the employer a chance to remedy the issue.  From there, an employer may be liable for not fixing the problem from reoccurring.

Discriminatory behavior and actions can be exercised in many different ways so each potential claim needs to be closely examined by a Disability Lawyer.  A discrimination lawyer can inform an employee of what he or she needs to know before filing a claim against their employer and let them understand how Employment Law Measures Disability Discrimination.  There are Disability Lawyers who offer free consultations so it can’t hurt to ask.  

3.  The employer has certain obligations

An employee who is contemplating whether to sue their employer for disability discrimination should know several things about disability discrimination that denying him or she reasonable accommodation may be considered discrimination. Certain employers are obligated by the law to reasonably accommodate employees with a disability. Employers should do this by maintaining frequent communication with the employee regarding the employee’s disability.  In maintaining open communication with an employee about their disability in regards to the employee’s accommodation, the employer can ensure that the employee is being given an equal opportunity at success in the workplace as their coworkers.  Failure to provide an employee with a recognized disability with reasonable accommodation may give rise to a discrimination suit against the employer. 

An employee after filing a disability discrimination claim may be able to prove that he or she was denied reasonable accommodation through emails, verbal complaints that he or she made, written complaints he or she made, text messages regarding accommodation between the employee and the employer or manager, and paperwork filled out by the employee’s doctor that was given to the employer. A professional Labor attorney may be able to look over the records of these forms of communication and determine from there, whether an employee or applicant should file a suit against the company or employer.

4.  There needs to be a link between the employee’s disability and the adverse treatment

An employee or applicant may set up a free consultation with a Disability Lawyer to discuss whether he or she has a case of disability discrimination.  One question an employment attorney may ask the employee as well as themselves is “how is the adverse treatment connected to the employee’s disability”.  Without this link, it may be difficult to build a case against an employer or organization for discrimination. For example, an employee who is visually impaired may request to work in certain areas where the employee is safe with their limited vision.  After the employee makes this request, the employer began treating the employee differently from the other employees by cutting the employee’s shifts and writing the employee up for bogus reasons.  In that example, the employee may be able to prove that there was a direct link between when the request was made and the adverse treatment that followed the request. If the Disability Lawyer can uncover evidence that there is a link between the adverse treatment and the employee’s disability, the Disability Lawyer may explain disability discrimination law in California and be able to establish discriminatory practices within the workplace. 

More Articles about ADA and disability discrimination in the workplace:

• How The American Disability Act (ADA) has protected disabled workers?
• How ADA Can Protect Millions of American lives
• 5 Important Questions Asked about Disability Discrimination and Wrongful Termination
• 5 Disabilities that May Be Protected By Employment Law
• 5 Ways an Employer May Be Liable For Disability Discrimination
• 6 Nuances of Disability Discrimination Law in California
• 8 Things You Need To Know About Disability Discrimination
• 8 Main Disability Discrimination Questions
• 9 Things Job Hunters With a Disability Should Know