Explaining the Types of Disability Discrimination
D.Law, a law firm representing employees across California, often assists clients who have experienced disability discrimination in the workplace. Such discrimination is unlawful under California's Fair Employment and Housing Act (FEHA), yet many workers are unsure what qualifies as discrimination.
Understanding the common types of disability discrimination can help employees protect their rights. D.Law’s team of employment discrimination lawyers in California provides legal support and guidance to those whose workplace rights have been violated.
California's Definition of a Disability
California's Fair Employment and Housing Act defines a disability as a mental or physical condition that limits at least one major life activity, according to D.Law. This definition is broader than the Americans with Disabilities Act's definition, which considers disabilities to be those that "substantially limit" a person's life activities.
Disabilities can include physical conditions, such as injuries or chronic illnesses, along with non-visible disabilities such as mental conditions. Employers are required to make reasonable accommodations for employees with disabilities, and they are prohibited from discriminating against them because of their conditions.
Types of Disability Discrimination in California
Disability discrimination can take many forms in the workplace, according to the employment discrimination lawyers at D.Law. Workers should understand the different types of disability discrimination to better identify when they or their coworkers are experiencing this form of unfair treatment.
Direct discrimination: This includes instances in which an individual is experiencing direct unfair treatment due to their impairment. Examples may include being fired or passed over for a job position because of their condition, or receiving less payment than a similarly qualified worker.
Indirect discrimination: This form of discrimination is often harder to identify. It occurs when a workplace enacts selective policies that unfairly or unnecessarily exclude certain applicants with disabilities. For example, an organization might have a policy that requires all workers to hold a driver's license, even if the job does not involve driving. This disproportionately impacts individuals whose disabilities prevent them from driving.
Failure to make reasonable accommodations: An organization may exhibit discriminatory behavior when it fails to make reasonable accommodations for workers with disabilities. An organization generally cannot deny accommodations unless they impose an undue hardship.
Harassment: Harassing a person because of their condition is also unlawful. This may involve verbal abuse, derogatory comments, creating rumors or gossip, or even threatening remarks.
Pre-employment health questions or screenings: Employers generally cannot ask pre-employment health questions that do not pertain to the job duties. Being asked what medications an applicant takes, for example, may be a type of disability discrimination in some cases. Post-offer exams and questions are generally okay as long as they are required of all entering employees in that job class.
Retaliation or victimization: It is also unlawful for a workplace to retaliate against individuals who uphold their rights under the FEHA. This includes reporting instances of disability discrimination or seeking reasonable accommodations.
About D.Law
D.Law is an employment law firm that represents cases involving discrimination arising from disabilities, disability leave disputes, harassment issues, retaliation, and more. Those interested in learning more about the types of disability discrimination or seeking legal assistance can request a consultation by calling 818-275-5799.
