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Western states employment law, PC
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Disability Accommodation
The law provides robust protections for employees with a physical or mental disability or a medical condition. Not only can employers not discriminate against disabled employees, but when a disability or medical condition prevent an employee from performing some of their job duties an employer must engage in a good faith interactive process with the employee to determine what accommodations can be made so the employee can continue to perform the essential functions of their job.
In order to pursue a claim for disability discrimination an employee must be able to demonstrate that they are able to perform the essential functions of their job position with or without a reasonable accommodation.
An accommodation is some adjustment to an employees workplace or duties that would allow the employee to continue to perform their essential job duties. Accommodations can include such things as:
- Change some job duties, including limiting what an employee is required to lift
- Adjusting the employee’s work schedule
- Changing the employee’s work area
- Providing some aid or equipment to assist the employee, including an ergonomic chair, keyboard, standing desk, or other type of assistance
- Providing a leave of absence for the employee to recover or recuperate
- Reinstatement to another available position within the organization
In order to determine what, if any, accommodation can be provided, the employer and the employee must engage in a good faith interactive process to discuss the limitations the employee is facing. This interactive process must occur when an employee asks for an accommodation or when the employer becomes aware of the possible need for an accommodation, including when the employer can observe the need the first hand or learns of the need second hand.
The interactive process is meant to be an informal, flexible conversation between the employer and the employee, done in good faith, so the two parties can come to solution that works for everyone. However, this process is often used for the exact opposite purpose as employers will use it document that an employer cannot continue their employment and justify the employee’s termination.
If you believe you are experiencing discrimination by your employer because of a disability or medical condition, or that your employer has denied you an accommodation or a good faith interactive employer, then you should consult with an employment lawyer to protect your rights.
Damages available for victims of disability discrimination include compensation for lost wages, emotional distress, attorney fees, and in some cases punitive damages. Likewise, if an employee was terminated, the law may require the employee to be reinstated.
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California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
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W
S
Western states
employment law, PC
Shane Larsen
attorney bio
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