What is Disability Discrimination?
Source: Citations Magazine - Ventura County Bar Association

Discrimination in the workplace comes in many ways, shapes and forms. In California, employers have a duty to protect disabled employees from discrimination, harassment, and retaliation on the basis of physical or mental disability. But, the duty does not end there. Employers also have a duty to provide reasonable accommodation.

What qualifies as a "disability?" Ordinarily, we think of "disabled" as being unable to work. However, the law is much broader. California law defines "disability" as any disease, disorder, condition, disfigurement, or physical loss which affects a part of your body and limits physical or mental ability to work or participate in other activities. The key is that the disability must be permanent, chronic or non-temporary. Employees must then notify their bosses, supervisors and employers about their disability and what their limitations are.

Once notified, employers have a duty to provide "reasonable accommodation." Accommodations come in many forms, and may include job transfer or reassignment; modified, part-time or flexible work schedules; modification of equipment or devices; reduction in workload; modified job duties or responsibilities; or personal assistance. This is not an exhaustive list. The employer must seek out and offer any accommodation that would allow the disabled employee to continue working or would not cause the employer "undue hardship."

The employee need not use any "magic words" or find their own accommodation. This process involves both the employee and employer. Both sides share information and participate in good faith. Neither may obstruct or delay reasonable accommodation for a disabled employee. If an accommodation proves insufficient or unworkable, an employer must find another. The duty to provide accommodation is ongoing, and not necessarily satisfied by a single effort.

Where an employer fails to reasonably accommodate a disabled employee, the employer may be liable under California's Fair Employment & Housing Act. The disabled employee may be entitled to economic damages, including lost wages and benefits; general damages for pain, suffering, emotional distress, and mental anguish; attorneys' fees and costs; and punitive damages.

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