Pursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.
In order for employees to understand their rights under the FEHA, it is important to discuss the answers to frequently asked questions related to this state law.
1. I have a disability and I work in California, am I protected by the FEHA?
If you are working for an employer in California and have a qualified physical or mental disability, then you are protected by the FEHA. This means your employer cannot discriminate, harass, or retaliate against you on the basis of your disability.
2. What types of employer actions constitute a violation of the FEHA?
If your employer commits any of the following violations, you may have a claim for disability discrimination:
You were discriminated in the workplace because of your disability;
You were denied of reasonable accommodation for your disability;
You were terminated or demoted because of your disability;
You were harassed by your employer, co-worker, or client because of your disability;
You were retaliated against after reporting your disability and requesting an accommodation; and
You were deprived of employment because of your disability despite being qualified for the position.
3. If I am suffering disability discrimination in the workplace, what should I do?
You may contact the California Department of Fair Employment and Housing (DFEH). However, before you contact this administrative agency, it is recommended that you consult with a qualified employment law attorney.
4. Why should I contact an employment law attorney?
Disability discrimination victims are advised to consult with an experienced employment law attorney in order to maximize their ability to recover damages from their current or former employer for such things as lost wages, emotional distress, attorneys’ fees, and punitive damages. If you believe that you suffered disability discrimination at the hands of your employer, it is advisable to seek an attorney’s advice immediately.
Disability Discrimination in California
The Law Offices of Jual F. Reyes is an experienced employment law firm. Call today with your questions at 877-272-4410.