DISABILITY LAW IN CALIFORNIA: EMPLOYEE RIGHTS AND PROTECTION
Overview of California Disability Law
California’s disability laws protect employees from discrimination, ensuring equal opportunities and workplace accessibility. Governed by the Fair Employment and Housing Act (FEHA), these laws mandate accommodations and fair treatment. At WRLG, we guide employees through these protections to secure their rights. This article explains key aspects of California’s disability laws, empowering you to navigate workplace challenges with confidence.
Why Disability Law Matters
Disability laws prevent discrimination, promote inclusivity, and hold employers accountable. They ensure employees with disabilities can thrive professionally. WRLG helps clients understand and enforce these rights in workplaces across California, from Los Angeles to Silicon Valley.
Scope of Protections
FEHA applies to employers with five or more employees, covering physical and mental disabilities. It complements federal laws like the Americans with Disabilities Act (ADA), providing robust safeguards across industries.
Key Legal Frameworks
• FEHA: Prohibits disability discrimination and mandates accommodations.
• ADA: Ensures accessibility and non-discrimination.
• California Family Rights Act (CFRA): Provides leave for serious health conditions.
Recent Updates
AB 1757 (2023) mandates that employer websites meet Web Content Accessibility Guidelines (WCAG) 2.1, ensuring digital accessibility for employees with disabilities, especially in tech-heavy regions like San Francisco.
Defining Disability
What Qualifies as a Disability?
FEHA defines a disability as any physical or mental condition limiting a major life activity, like walking or working. Unlike the ADA, FEHA includes temporary conditions, such as a broken leg or severe depression, broadening protections for California employees.
Types of Disabilities
• Physical: Chronic illnesses (e.g., diabetes), mobility impairments (e.g., paralysis), sensory issues (e.g., blindness).
• Mental: Depression, PTSD, or intellectual disabilities.
Temporary vs. Permanent
FEHA protects both temporary and permanent disabilities if they limit major life activities. WRLG can assess whether your condition qualifies for accommodations or leave.
Exclusions
Minor conditions, like a common cold, typically don’t qualify. WRLG helps evaluate eligibility to ensure your rights are protected.
FEHA Protections
Non-Discrimination
FEHA prohibits discrimination in hiring, promotions, or terminations based on disability. Employers must treat qualified employees equally, ensuring fairness in workplaces statewide.
Reasonable Accommodations
Employers must provide accommodations, like modified schedules or assistive devices, unless it causes undue hardship. WRLG ensures employers engage in the interactive process to identify effective solutions.
Interactive Process
This collaborative dialogue identifies accommodations. Employers must participate in good faith. WRLG guides clients to document discussions and secure appropriate adjustments.
Undue Hardship
Accommodations may be denied if they cause significant cost or disruption, based on:
• Employer’s financial resources
• Operational impact
Case Study: Smith v. CDCR (2024)
In Smith v. California Department of Corrections, the court ruled that disability retirement isn’t a reasonable accommodation under FEHA, emphasizing workplace adjustments over alternative benefits.
Disability Leave
Pregnancy Disability Leave (PDL)
Employers with 5+ employees must provide up to four months of unpaid leave for pregnancy-related disabilities, with reinstatement rights. WRLG helps secure PDL benefits.
CFRA and FMLA
CFRA and FMLA offer up to 12 weeks of unpaid leave for serious health conditions, applying to employers with 50+ employees. State Disability Insurance (SDI) may provide partial wage replacement.
Emergency Leave
Employees can request CFRA leave with minimal notice for unforeseen needs. WRLG ensures compliance with leave entitlements.
Combining Leaves
PDL and CFRA may total seven months for pregnancy-related disabilities. WRLG maximizes leave benefits and reinstatement rights.
Digital Accessibility
AB 1757 Compliance
AB 1757 requires employer websites to meet WCAG 2.1 standards, ensuring access for employees with disabilities, critical in tech hubs like Silicon Valley.
Accessibility Features
• Alt Text: Image descriptions for visually impaired employees.
• Captions: Text for audio, aiding hearing-impaired workers.
Compliance Issues
Non-compliance risks lawsuits, as websites are “public accommodations” under the ADA. WRLG enforces digital accessibility rights.
Case Study: Tech Co. v. Doe (2023)
An employee sued a tech firm for an inaccessible portal. The court found an FEHA violation, mandating upgrades, highlighting digital compliance needs.
Retaliation Protections
Anti-Retaliation Laws
FEHA prohibits retaliation for requesting accommodations or filing complaints. Retaliation includes demotion or termination. WRLG addresses retaliatory actions.
Proving Retaliation
Employees must show:
• Protected activity (e.g., requesting accommodations)
• Adverse action (e.g., firing)
• Causal link
Filing Complaints
File with the California Civil Rights Department (CRD) within one year at offices in Los Angeles or Sacramento. WRLG supports retaliation claims.
Local Context
In Silicon Valley, retaliation claims often involve mental health accommodations. WRLG tailors strategies for regional challenges.
Enforcement and Remedies
CRD’s Role
The CRD investigates FEHA violations. Employees have one year to file at local offices. WRLG ensures timely, well-documented complaints.
Remedies
• Back pay or reinstatement
• Emotional distress damages
• Policy changes
How WRLG Helps
WRLG’s attorneys guide clients through CRD filings, advocate for accommodations, and pursue remedies, ensuring your rights are protected.
Filing Deadlines
FEHA claims require filing within one year; ADA claims within 180 days with the EEOC. WRLG ensures compliance with deadlines.
Key Statistics
• CRD Complaints: In 2022, 4,500+ disability discrimination complaints were filed, 25% of employment claims.
• Accommodation Delays: In 2023, 60% of employees requested accommodations, but only 45% received them promptly.
FAQs on Disability Law
1. What qualifies as a disability?
A disability limits major life activities, including temporary conditions like a broken arm. WRLG reviews medical documentation to confirm eligibility and secure protections.
2. Can my employer deny accommodations?
Employers may deny accommodations causing undue hardship but must explore alternatives via the interactive process. WRLG challenges wrongful denials.
3. How long is pregnancy disability leave?
Up to four months of unpaid leave for pregnancy-related disabilities, with reinstatement. WRLG ensures PDL compliance and reinstatement.
4. What is the interactive process?
A dialogue to identify accommodations. Employers must participate in good faith. WRLG documents discussions to enforce compliance.
5. Can employers request disability proof?
Yes, but only relevant medical documentation. WRLG ensures requests respect privacy laws.
6. What if I face retaliation?
Document actions and file a CRD complaint within one year. WRLG pursues remedies like reinstatement for illegal retaliation.
7. Are temporary disabilities protected?
Yes, if they limit major life activities. WRLG assesses eligibility for accommodations or leave.
8. How does digital accessibility affect me?
AB 1757 mandates accessible employer websites. Non-compliance may lead to claims. WRLG enforces digital rights.
Taking the Next Steps
If you face discrimination, accommodation denials, or retaliation, WRLG’s experienced attorneys offer personalized guidance. Contact WRLG to protect your rights and secure accommodations or remedies in California’s workplaces.
Disability discrimination may also result in wrongful termination in California, which is protected under FEHA and other state laws.
For immediate help with disability discrimination claims, visit our Contact Us page to connect with skilled legal professionals.