The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Nov. 29, 2018
Don’t Tolerate Workplace Discrimination Due to A Disability
Having a disability certainly comes with its challenges. Facing workplace discrimination should not be one of them. California workers with disabilities do not have to tolerate any discriminatory behavior, including failing to provide reasonable accommodations so they can better do their jobs.
As long as a reasonable accommodation does not cause the employer a significant expense or difficulty, the company is required to provide it to an individual with a disability. If an employer refuses to make the necessary and reasonable changes, a claim could be made for disability discrimination. For some California workers, not receiving an accommodation is the least of their concerns.
Some co-workers, supervisors and managers believe it is okay to harass workers with a disability. This does not include light-hearted teasing or comments, but instead requires pervasive and offensive treatment. An isolated incident, while disturbing, will probably not qualify as creating a hostile work environment. The treatment must continue for some time and make it unbearable for the disabled person to do his or her job. One good indication that something is terribly wrong is when the individual with the disability not only dreads going to work, but also suffers physical and psychological issues associated with going to work.
By this time, a disabled worker has probably suffered from workplace discrimination for some time. It does not have to reach this point for an individual to lodge a complaint. In fact, as soon as it appears that the discrimination and harassment may not be isolated to a single incident, it would be beneficial to obtain an understanding of the rights and legal options available under the circumstances. A California attorney with experience in this area of the law could provide invaluable advice and assistance.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).