It’s unlawful for an employer to discriminate against an employee based on an actual or perceived disability. The U.S. Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) implement laws to protect employees from this type of workplace discrimination.
Here is what to know about disabilities and workplace discrimination:
Different conditions are considered a disability
The Fair Employment and Housing Act (FEHA) enforced by the CRD considers different conditions as disabilities. These include physical and mental disabilities and HIV/AIDS.
Provided an employee has a disability, they are protected by this law whether or not the condition is presently disabling. Further, a disability only needs to “limit” an employee’s major life activity to be covered in California – a disability does not have to “substantially limit/restrict” a major life activity, as required by federal law.
Disabilities stemming from current illegal drug use may not be covered
Chronic drug abuse has been associated with some mental disorders. Examples include obsessive-compulsive disorder, post-traumatic stress disorder, sexual behavior disorders, kleptomania, pyromania and so on. An employee who develops a disability from the current illegal use of drugs may not be covered by the FEHA, although mental disorders not caused by current drug use are.
Employers should provide reasonable accommodations
Employers are required to provide reasonable accommodations to persons with disabilities. They need to:
- Make existing facilities accessible and usable
- Modify work schedules
- Restructure duties
- Acquire the necessary equipment/devices or modify existing ones and so on
It can be unlawful for an employer to refuse to provide a reasonable accommodation. However, they may be exempted from this law if they can prove an accommodation imposes an undue hardship.
In California, employers with five or more employees must follow the FEHA. If you believe your right as an employee with a disability has been violated, seek legal guidance to determine your next steps.