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What is a “Disability” under California Law

Under California law, a “disability” is broadly construed. In the employment law context, an individual qualifies as having a “disability” under California law if the individual: 1. Has a physical disability, mental disability, special education disability, or medical condition that limits one of the major life activities of the individual; and 2. Has a record or […]

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California Law Protects Employees with Potential or Perceived Disabilities

While California law protects employees who are disabled, it also protects workers whose employers perceive them to have a physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. See Cal. Gov’t Code § 12926.1(b). In other words, California law protects workers from adverse employment actions because their employer […]

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California Law Protects Workers Who Are Associated With a Disabled Person

California law prohibits an employer from taking an adverse action against an employee based on the employee’s association with a disabled person. See Cal. Gov’t Code § 12926(o). This is referred to as an “associational disability” claim. To prove an associational disability claim, an employee must prove that: (1) the “disability” from which they suffer […]

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An Employer’s Duty to Provide a Reasonable Accommodation

icon-scalesUnder the Fair Employment and Housing Act (FEHA), an employee must generally provide an employer notice of the need for a reasonable accommodation for his or her disability.  Achal v. Gate Gourmet, Inc., N.D. Cal. 2015, 114 F.Supp.3d 781.  There is no one set way to request an accommodation, but an employer is not required to provide a reasonable accommodation until it is aware of the employee or applicant’s disability and physical limitations. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”

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What is a Reasonable Accommodation under California Law?

Under California law an employer must make reasonable accommodations for the known disability of an employee or applicant. Cal. Gov’t Code §12940(m); Dep’t of Fair Emp. & Hous. v. Lucent Technologies, Inc., 642 F.3d 728, 743 (9th Cir. 2011). A reasonable accommodation under the Fair Employment and Housing Act (“FEHA”) is “a modification or adjustment […]

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An Employer’s Duty to Provide a Reasonable Accommodation

icon-disabilityUnder the California Fair Employment and Housing Act (FEHA), an employer must make a reasonable accommodation for the known disability of an employee.  Cal. Gov. Code §12940(m); Department of Fair Employment and Housing v. Lucent Technologies, Inc. (9th Cir. 2011) 642 F.3d 728, 743. Failure to reasonably accommodate a disabled employee or applicant is a violation of the FEHA in and of itself.  Brown v. Los Angeles Unified School District (2021) 60 Cal. App. 5th 1092, 1107;  Furtado v. State Personnel Bd. (2013) 212 Cal.App.4th 729, 745. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”

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Employers Can Deny Disability Accommodations if They Can Prove Undue Hardship

In California, employers are required to provide reasonable accommodations for applicants or employees with physical or mental disabilities.[1] However, an employer does not have to provide accommodations if those accommodations create an “undue hardship” for the employer.[2] California law defines undue hardship as an “action requiring significant difficulty or expense.”[3] When deciding whether a potential accommodation […]

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Disability Harassment is Illegal under California Law

Under California’s Fair Employment and Housing Act (“FEHA”), it is an unlawful for an employer or any other person to harass an employee due to their physical disability, mental disability, or medical condition.[1] Unlike claims for discrimination, liability for harassment applies to “any person” and thus extends to individuals, including individual supervisory employees.[2] In order for […]

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Disability Discrimination at Work is Illegal under California Law

California’s Fair Employment and Housing Act (“FEHA”) makes iticon-disability unlawful to refuse to hire, discharge, or discriminate against a person because of their physical or mental disability or medical condition.[1] Courts have interpreted the term “to discriminate” as used in that context to mean “to treat differently.”[2] An employer “has treated an employee differently ‘because of’ a disability when the disability is a substantial motivating reason for the employer’s decision to subject the employee to an adverse employment action.”[3] Continue reading “Disability Discrimination at Work is Illegal under California Law”

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