Riverside Disability Discrimination/Reasonable Accommodations Lawyer
Employees in California are protected against unlawful discrimination as a result of that person’s disability, from the process of applying for employment to termination. To be clear, employers in California cannot treat applicants or employees with disabilities unequally as a result of the disability. These protections apply to disabilities that are both physical and mental in nature, including recognized disabilities that may be “invisible” or may not be immediately apparent to a potential or current employer. If you have questions about your rights or responsibilities under existing state and federal disability laws, an experienced Riverside disability discrimination lawyer at our firm can speak with you today.
What is Disability Discrimination in Riverside?
Disability discrimination occurs in California whenever a potential or current employer treats a qualified job applicant or employee in an unfavorable manner because that person has a disability, a history of an existing disability, the employer’s perception of a disability (even if no disability exists), or because of the employee’s relationship with a person who has a disability.
Unlawful disability discrimination also occurs when an employer refuses to provide a reasonable accommodation to an applicant or employee when that requested accommodation would not result in an undue hardship to the employer.
Riverside Disability Discrimination Laws
Federal and state laws provide protections against disability discrimination to job applicants and employees in California. Those laws include:
- California Fair Employment and Housing Act (FEHA); and
- Americans with Disabilities Act (ADA), which is a federal law.
Under these laws, employers must operate according to these general guidelines, according to the California Department of Fair Employment and Housing:
- Employers must evaluate job applicants without consideration for actual or perceived disability;
- Employers cannot ask about the severity of a job applicant’s disability or ask an applicant to take a medical or psychological assessment that other applicants are not required to take;
- Employers are permitted to ask job applicants about their ability to perform functions of the job;
- Employers can ask employees to provide medical evidence of their need for a reasonable accommodation; and
- Employers must engage with an employee’s request for a reasonable accommodation in a timely manner and in good faith.
What is a Reasonable Accommodation in Riverside?
A reasonable accommodation is a change to the job application process or the nature of employment that an employee with a disability can request under state or federal law so that they can do the job. The reasonable accommodation is designed to provide the employee with the disability with the same privileges and benefits of employment enjoyed by other workers.
An accommodation will typically be considered reasonable as long as it does not cause the employer significant difficulty or expense, and as long as it does not fundamentally change the nature of the job. In other words, an accommodation may be reasonable as long as it does not create an “undue hardship” for the employer.
Contact Our Riverside Disability Discrimination Attorneys
Disability discrimination is taken very seriously in California, and it is important to seek advice from an experienced Riverside disability discrimination attorney. Do not hesitate to get in touch with our firm to learn more about how we can assist you. Contact the Law Office of Karen J. Sloat, APC for more information about the services we provide to employees and employers in Riverside.