In California, employees enjoy very broad rights to recover from even transitory disabling injuries or conditions. Today as never before in view of the pandemic scourge sweeping across Los Angeles and Orange County and the State of California some workers will need accommodations to protect them from injury. Older workers with underlying conditions or other workers with diabetes or asthma and so on may need accommodations in the workplace to stay healthy and protected. These “disabilities” must be accommodated through a process of interactive dialogue. One form of accommodation is medical leave, and often the medical leave begins when the FMLA/CFRA leave ends. For an explanation of this point, the term “disability” is so inclusive under California law that it is almost misleading. Moreover, the term “disability” is far broader than what most California employees would assume. Forget about the idea that you have to be confined to a wheel chair or some such condition in California to be deemed disabled within the meaning of the law. The regulations provide for mental and physical disabilities. Indeed, the regulations provide very broad definitions of “Mental Disability”, “Physical Disability”, “Special Education” disability, and “Perceived Disability”. Let’s review these:
A Mental Disability includes, but is not limited to:
having any mental or psychological disorder or condition that limits a major life activity. “Mental disability” includes, but is not limited to, emotional or mental illness, intellectual or cognitive disability (formerly referred to as “mental retardation”), organic brain syndrome, or specific learning disabilities, autism spectrum disorders, schizophrenia, and chronic or episodic conditions such as clinical depression, bipolar disorder, post-traumatic stress disorder, and obsessive compulsive disorder.
Note that the regulation specifically names, among other conditions, “clinical depression” and “post traumatic stress disorder”. But it also embraces ANY emotional or mental illness or conditions that simply “limit a major life activity.” Working is regarded as a “major life activity” and often stress, particularly a diagnosis of severe anxiety, can “limit a major life activity” i.e., work. Moreover, the regulations further provide that “An impairment limits a major life activity if it makes the achievement of the major life activity difficult.” So even a panic or anxiety disorder, if it makes work more difficult, would constitute a “disability” within the meaning of California law.
A Physical Disability ““includes, but is not limited to, having any anatomical loss, cosmetic disfigurement, physiological disease, disorder or condition that does both of the following:
(A) affects one or more of the following body systems: neurological; immunological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; circulatory; skin; and endocrine; and
(B) limits a major life activity.
What does that mean? Well, a leading treatise has observed, “ Because the FEHA requires only a “limitation” (not a “substantial limitation”) on a major life activity, individuals with short-term or temporary conditions may qualify for protection under the FEHA though the same condition likely would not qualify under the ADA. [See Diaz v. Federal Express Corp.(CD CA 2005) 373 F.Supp.2d 1034, 1051-1052—unlike ADA, FEHA has no durational requirement for evaluation of whether condition constitutes disability]” So a bad back, or a broken ankle, or high blood pressure, or even migraine headaches each may be “disabilities” within the meaning of California law, as well as the more expected instances of heart disease, multiple sclerosis, seizure disorder or palsy.
What if an employer believes you to be disabled because you were at one time, or because he believes you will be in the future? That is against the law as well, even if there is no present disabling effect. The regulations state: A “perceived potential disability” includes being regarded, perceived, or treated by the employer or other covered entity as having, or having had, a physical or mental disease, disorder, condition or cosmetic disfigurement, anatomical loss, adverse genetic information or special education disability that has no present disabling effect, but may become a mental or physical disability or special education disability.
Moreover, a Perceived Disability:
means being “regarded as,” “perceived as” or “treated as” having a disability. Perceived disability includes:
(A) Being regarded or treated by the employer or other entity covered by this article as having, or having had, any mental or physical condition or adverse genetic information that makes achievement of a major life activity difficult; or
(B) Being subjected to an action prohibited by this article, including non-selection, demotion, termination, involuntary transfer or reassignment, or denial of any other term, condition, or privilege of employment, based on an actual or perceived physical or mental disease, disorder, or condition, or cosmetic disfigurement, anatomical loss, adverse genetic information or special education disability, or its symptom, such as taking medication, whether or not the perceived condition limits, or is perceived to limit, a major life activity.
(6) A “perceived potential disability” includes being regarded, perceived, or treated by the employer or other covered entity as having, or having had, a physical or mental disease, disorder, condition or cosmetic disfigurement, anatomical loss, adverse genetic information or special education disability that has no present disabling effect, but may become a mental or physical disability or special education disability.
At The Rubin Law Corporation, our disability discrimination attorneys know that the weight of being discriminated is felt in every aspect of your life.
For this reason, we take aggressive action to preserve your rights, including the right to work in an environment free from discrimination. We serve clients in Los Angeles, Irvine, San Diego and the entire state of California region. Contact us online or call 310-385-0777 today to learn more about how the new disability regulations apply to your circumstances.
Los Angeles lawyers, advising on the new disability regulations
Often times you will hear about an “accommodation” of work restrictions or disabling conditions. What does that mean, you may ask….? The regulations provide some answers:
“Reasonable accommodation” is:
(1) modifications or adjustments that are:
(A) effective in enabling an applicant with a disability to have an equal opportunity to be considered for a desired job, or
(B) effective in enabling an employee to perform the essential functions of the job the employee holds or desires, or
(C) effective in enabling an employee with a disability to enjoy equivalent benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.
(2) Examples of Reasonable Accommodation. Reasonable accommodation may include, but are not limited to, such measures as:
(A) Making existing facilities used by applicants and employees readily accessible to and usable by individuals with disabilities. This may include, but is not limited to, providing accessible break rooms, restrooms, training rooms, or reserved parking places; acquiring or modifying furniture, equipment or devices; or making other similar adjustments in the work environment;
(B) Allowing applicants or employees to bring assistive animals to the work site;
(C) Transferring an employee to a more accessible worksite;
(D) Providing assistive aids and services such as qualified readers or interpreters to an applicant or employee;
(E) Job Restructuring. This may include, but is not limited to, reallocation or redistribution of non-essential job functions in a job with multiple responsibilities;
(F) Providing a part-time or modified work schedule;
(G) Permitting an alteration of when and/or how an essential function is performed;
(H) Providing an adjustment or modification of examinations, training materials or policies;
(I) Modifying an employer policy;
(J) Modifying supervisory methods (e.g., dividing complex tasks into smaller parts);
(K) Providing additional training;
(L) Permitting an employee to work from home;
(M) Providing a paid or unpaid leave for treatment and recovery, consistent with section 11068(c);
(N) Providing a reassignment to a vacant position, consistent with section 11068(d); and
(O) other similar accommodations.
The regulations have also expanded the definitions and guidance regarding:
- Major life activities
- Essential job functions
- Medical conditions
- Genetic characteristics
- Interactive dialogues
Further, according to the new regulations, the employer has the responsibility of initiating a discussion with the employee about reasonable accommodations when they learn of his or her disabling condition. All information must be kept strictly confidential.
Our disability discrimination attorneys will help you to understand the new disability regulations to make sure that you are reaping the benefits of the protections they provide.
What Counts as a Disability Under California Law
California’s Fair Employment and Housing Act defines disability far more broadly than most employees realize. You do not need to be confined to a wheelchair or have a permanent condition to qualify for legal protection. A physical disability includes any physiological disease, disorder, or condition that affects a major body system and limits a major life activity, and the law does not require that limitation to be permanent or severe. A bad back, high blood pressure, migraine headaches, or even a broken ankle may each qualify. Mental disabilities are treated with the same breadth: clinical depression, post-traumatic stress disorder, anxiety disorders, and other conditions that make working more difficult are all covered. Even a perceived disability is protected under the law.
Perceived and Potential Disabilities
If your employer treats you as though you have a disability, even if you do not, that treatment is illegal. California law also protects workers against being penalized for a condition an employer believes they may develop in the future. If you were passed over for a promotion, demoted, or terminated because your employer assumed you might become unable to perform, that constitutes unlawful discrimination regardless of whether any actual disability exists.
Your Right to Reasonable Accommodation
When an employer becomes aware of your disabling condition, California law requires them to begin a good-faith interactive process with you to identify accommodations that will allow you to perform your job. This obligation belongs to the employer; they cannot simply wait for you to formally request help. Reasonable accommodations may include modified work schedules, remote work, reassignment to a vacant position, adjusted supervisory methods, assistive equipment, or extended medical leave. Disability Rights California notes that employees may file complaints with the state’s Civil Rights Department if their employer fails to engage in this process, which can be a critical step before pursuing legal action.
An employer who stonewalls, delays, or flatly refuses to explore accommodations may be independently liable, separate from any underlying discrimination claim. The failure to engage in the interactive process constitutes a violation of FEHA, and we pursue it accordingly.
When Disability Discrimination Becomes Retaliation
If you request an accommodation, disclose a diagnosis, or file a complaint about discriminatory treatment and your employer responds by taking adverse action against you, that conduct may constitute illegal retaliation. Retaliation can look like wrongful termination, a demotion, a reduction in pay, forced schedule changes, or a campaign of hostility designed to push you out. Employers rarely announce their motives, so timing and context become critical evidence. Actions that closely follow a disclosure or accommodation request tell a story that our attorneys know how to tell in court.
The Connection Between Disability and Medical Leave
For many Los Angeles employees, a disabling condition and the need for medical leave go hand in hand. You may be entitled to job-protected leave under the California Family Rights Act or the Family and Medical Leave Act, but the protections do not necessarily end when that leave runs out. If your condition qualifies as a disability under FEHA, your employer may be required to provide additional leave as a reasonable accommodation beyond the standard 12 weeks. Employers frequently terminate employees the moment statutory leave expires without ever considering whether further accommodation is required, and that failure can give rise to a powerful claim.
What Damages Are Available to You
California law provides meaningful remedies for employees whose rights have been violated. Depending on the circumstances of your case, you may be entitled to recover lost wages and benefits, compensation for emotional distress, and damages for harm to your professional reputation. Unlike federal law under the ADA, the FEHA places no cap on compensatory or punitive damages, meaning California employees have access to substantially greater potential recovery. Courts may also order reinstatement and attorney’s fees, so bringing a claim does not necessarily require out-of-pocket legal costs.
How Disability Claims Are Filed in California
Before you can file a lawsuit in court, California law requires you to first submit a complaint to the state’s Civil Rights Department, formerly known as the Department of Fair Employment and Housing. This administrative process is not optional, and skipping it can permanently bar your claim regardless of how strong the underlying facts may be. Once your complaint is filed, the agency may investigate, attempt to mediate a resolution, or issue a right-to-sue letter that allows you to proceed with litigation. You have three years from the date of the discriminatory act to file that initial complaint, and from the date the right-to-sue letter is issued, you have one year to bring your case in civil court.
Understanding these deadlines is critical because many employees wait too long, often hoping the situation will improve on its own, or are uncertain whether what happened to them constitutes a legal claim. If your case is ultimately resolved through litigation, it may result in a negotiated settlement or proceed to trial. Our firm has achieved significant results for clients in both settings, including substantial disability discrimination settlements that reflect the full extent of the harm our clients experienced. Acting quickly and with knowledgeable legal counsel on your side gives you the best possible foundation for a successful outcome.
Contact the Rubin Law Corporation today
Contact the employment lawyer of The Rubin Law Corporation by calling 310-385-0777 or FREE to schedule a confidential consultation to discuss how disability regulations; you can also e-mail us. Know your rights as an employee. As experienced Los Angeles disability discrimination.
