Workers with disabilities face unique challenges in the workplace. California law provides strong protections to ensure these employees receive fair treatment and the support they need to perform their jobs effectively. At HKM Employment Attorneys, our San Jose disability and reasonable accommodations attorneys represent San Jose workers whose employers have denied them reasonable accommodations or discriminated against them because of their disabilities.
What California Law Says About Disability Discrimination
The Fair Employment and Housing Act (FEHA) is California’s primary law protecting employees from disability discrimination. The law makes it illegal for employers to discriminate against qualified individuals based on physical or mental disabilities.
A disability under FEHA includes any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects one or more body systems and limits a major life activity. Mental disabilities are also protected. The law covers both actual disabilities and perceived disabilities, meaning employers cannot discriminate even if they simply believe an employee has a disability.
California law also protects employees with medical conditions that have the potential to cause disabilities. This means workers can seek legal protection even before a condition becomes disabling.
The Right to Reasonable Accommodations
Employers in San Jose must provide reasonable accommodations to qualified employees with disabilities. This requirement sits at the heart of disability rights law. A reasonable accommodation is any change to a work environment that enables a qualified person with a disability to perform essential job functions.
The accommodation process typically begins when an employee requests help. Workers do not need to use specific legal language when making these requests. Simply informing your supervisor or human resources department about your condition and need for assistance can trigger your employer’s obligation to engage in the interactive process.
The interactive process requires both the employer and the employee to communicate in good faith about potential accommodations. Employers must participate meaningfully in this dialogue. They cannot simply reject requests without exploring alternatives or discussing what might work for both parties.
Common reasonable accommodations include:
- Modified work schedules or part-time hours
- Reassignment to a vacant position that better fits your limitations
- Adjustments to workspace layout or equipment
- Permission to work from home when feasible
- Extended leave beyond what the company policy typically allows
When Employers Fail Their Legal Duties
Many San Jose employers violate disability laws through various actions or inactions. Some refuse to engage in the interactive process at all. Others go through the motions but never seriously consider available accommodations. These failures violate California law.
Employers sometimes claim that providing accommodations would create undue hardship. While this defense exists, it has a high bar. The employer must show that the accommodation would require significant difficulty or expense relative to the size and resources of the business. A large corporation will have difficulty proving undue hardship for accommodations that might genuinely burden a small business.
Some employers retaliate against workers who request accommodations. Retaliation can take many forms, from reducing hours to assigning undesirable tasks to termination. California law prohibits all forms of retaliation against employees who assert their rights under FEHA.
Medical Leave as an Accommodation
Leave can serve as a reasonable accommodation under California law. This protection extends beyond what the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) provides. While these laws typically offer up to 12 weeks of protected leave, disability accommodation law may require additional time off.
Employers must consider extended leave requests as potential reasonable accommodations. The analysis depends on whether providing the leave would impose an undue hardship and whether the employee will likely be able to return to work after the leave period. Courts have found that leaves of several months or even longer can be reasonable in some circumstances.
When an employee exhausts their FMLA or CFRA leave, the accommodation analysis continues. Employers cannot automatically terminate workers simply because they have used up their statutory leave entitlements. They must still evaluate whether additional leave would be a reasonable accommodation.
Disabilities That Qualify for Protection
California law protects a wide range of physical and mental conditions. The definition is deliberately broad to ensure comprehensive coverage. Workers often wonder whether their specific condition qualifies for protection.
Physical disabilities include chronic illnesses, injuries, genetic disorders, and conditions affecting major bodily systems. Mental disabilities encompass conditions like depression, anxiety disorders, post-traumatic stress disorder, and bipolar disorder. Many employees with cancer, diabetes, chronic pain conditions, or autoimmune disorders qualify for protection.
Conditions that qualify for protection include:
- Back injuries and chronic pain syndromes
- Cancer and conditions requiring ongoing treatment
- Heart disease and cardiovascular conditions
- Mental health conditions, including depression and anxiety
- Neurological disorders such as epilepsy or multiple sclerosis
The law does not require that a condition be permanent or severe. Temporary conditions can qualify if they substantially limit major life activities during their duration.
Proving Your Case
Successful disability discrimination and accommodation cases require proper documentation. Medical records play a crucial role in establishing your condition and limitations. Keep detailed records of all communications with your employer about your disability and accommodation needs.
Document every conversation about accommodations. Follow up verbal discussions with written emails summarizing what was discussed. Save all emails, letters, and other correspondence related to your requests. This paper trail becomes vital evidence if you need to pursue a legal claim.
Witnesses can strengthen your case. Coworkers who observed discriminatory treatment or heard discriminatory comments may provide valuable testimony. Keep notes about specific incidents, including dates, times, locations, and who was present.
Time Limits for Filing Claims
California law imposes strict deadlines for bringing disability discrimination claims. You generally must file a complaint with the California Civil Rights Department (formerly the Department of Fair Employment and Housing) within three years of the discriminatory act. This represents a significant extension from the previous one-year deadline.
Despite the longer timeframe, you should not delay in seeking legal help. Evidence becomes harder to gather as time passes. Witnesses’ memories fade. Documents get lost or destroyed. Early action protects your rights and strengthens your case.
Contact HKM Employment Attorneys Today
We handle cases throughout Santa Clara County and the broader San Francisco Bay Area. Our San Jose disability and reasonable accommodations attorney knows local employment practices and has relationships with medical experts who can support your claims.
If your employer denied you reasonable accommodations or discriminated against you because of a disability, contact HKM Employment Attorneys today.
