The Americans with Disabilities Act (ADA) is a federal law that was enacted in 1990 to protect employment opportunities for qualified individuals with disabilities. In California, the FEHA has broader anti-discrimination laws that provide more protections than the ADA to workers with disabilities. For example, the criteria for the definition of “disability” is lower under the FEHA than the ADA.
Additionally, to provide equal employment opportunity to disabled workers, employers must make reasonable accommodations to allow a worker with a known disability to perform a position’s essential functions. The worker can request a reasonable accommodation.
In California, a failure to provide an accommodation to a disabled worker may be a violation of FEHA. The FEHA also requires employers to engage in a process to determine the nature of the accommodation necessary for the disabled worker.
Here are some examples of potential disability discrimination claims:
A hearing requirement for delivery drivers that is not mandated by law and that screens out hearing impaired individuals who are qualified to perform the job.
A policy requiring workers to lift up to 70 pounds where a pregnant worker has lifting restrictions seeking light duty as a reasonable accommodation for her pregnancy-related impairments.
Denying a job or promotion of an applicant because the applicant was missing a limb.
The FEHA also prohibits discrimination on the basis of a physical or mental disability, or a medical condition. For example, firing a worker because of cancer or a genetic characteristic may be a violation of the FEHA.