Under California’s disability discrimination law, the Fair Employment and Housing Act (“FEHA”), a Los Angeles employer is prohibited from discriminating against an employee because of a physical disability, mental disability, or medical condition, or because the employee has a history of being disabled. This means it is unlawful for a Los Angeles employer to base any of the following decision on an employee’s disability: refuse to hire or employ; refuse to select or discharge the person for a training program leading to employment; or to discriminate against the person in compensation, terms, or conditions of employment (e.g. demote, refuse to promote, or fire).
In addition to prohibiting disability discrimination, the FEHA requires Los Angeles employers to make reasonable accommodations for a disabled employee, unless doing so would produce an undue hardship. This means, for example, that a Los Angeles employer must consider the following possible accommodations: granting an extended leave of absence, restructuring job duties, offering part-time or modified work schedules, reassigning to a vacant position, or modifying work equipment and/or devices. When an employee can work with reasonable accommodations, a Los Angeles employer cannot require that the employee take a leave of absence instead.
If your employer has refused to provide you accommodations, forced you to take a leave of absence, or is treating you unfairly because of your disability, we can help. It is all too common that employers refuse to provide employees accommodations or terminate a workers employment while they are taking time off work to recover from an injury. If you have been a victim of disability discrimination, contact our office to discuss your legal remedies.