1 January 2025
Disability discrimination in the workplace continues to be an issue despite the protections provided under the Americans with Disabilities Act (ADA) and similar state laws like California's Fair Employment and Housing Act (FEHA) . These laws were designed to ensure that employees with disabilities are treated fairly and have equal opportunities to succeed in their careers. Employers are legally obligated to accommodate employees with disabilities, but unfortunately, non-compliance or violations can still occur. If you are an employee who feels your rights are being violated, it’s important to understand both your employer’s responsibilities and your rights, and what you can do if you believe those obligations are not being met. Employer Responsibilities Under the ADA Under the Americans with Disabilities Act (ADA) , employers with 15 or more employees are required to provide reasonable accommodations for employees with disabilities. These accommodations can include changes to the work environment, the job duties, or the way tasks are performed, all aimed at allowing the employee to perform essential job functions. Key employer responsibilities include: Providing Reasonable Accommodations : Employers are required to make reasonable accommodations for employees with disabilities unless doing so would cause significant difficulty or expense. This can involve adjusting work schedules, modifying equipment, altering the work environment, or providing additional leave for medical treatments. Engaging in the Interactive Process : One of the critical requirements under both the ADA and FEHA is the "interactive process." Employers must work directly with employees to identify the limitations caused by their disability and discuss potential accommodations. This is a collaborative and ongoing process, where both parties should explore viable solutions in good faith. Non-Discrimination : Employers must ensure that employees with disabilities are not discriminated against in hiring, firing, pay, job assignment, or promotion. They cannot treat employees with disabilities less favorably because of their condition, and they cannot punish employees for asserting their rights under the ADA. Confidentiality : Employers must maintain confidentiality regarding an employee's medical condition or disability. Information about a disability should only be shared on a need-to-know basis. What to Do If You Believe Your Employer Isn’t Compliant If you suspect that your employer is not complying with the ADA, you may be facing disability discrimination or a failure to accommodate. Unfortunately, these violations can lead to career setbacks, unnecessary stress, and even harm to your health. Here's what you should do if you believe your employer is not meeting their obligations: Document Everything Keep Records : Begin by documenting all interactions related to your disability and accommodation requests. This includes emails, notes from meetings with HR, or any written communications that outline your accommodation needs. If your employer refuses to make accommodations or treats you unfairly, having this documentation will be invaluable for proving your case. Track Your Disability-Related Needs : Keep track of any specific needs you have related to your disability, including how those needs may affect your ability to perform your job. Also, make note of any medical treatments, such as doctor visits or therapy sessions, that are necessary for managing your condition. Communicate with Your Employer Request Accommodation in Writing: If you haven’t already, formally request reasonable accommodations. This request should be made in writing to your supervisor or HR department, and it should outline the accommodations you need to perform your job effectively. Engage in the Interactive Process : If your employer does not respond or refuses to engage in a discussion about accommodations, request a meeting to initiate the interactive process. This process is meant to be collaborative and allows both parties to discuss potential solutions. Know Your Rights Understand the ADA and FEHA : Familiarize yourself with the rights you have under both the ADA and California's FEHA. These laws are designed to protect employees with disabilities and require employers to accommodate these employees unless doing so would cause undue hardship. Know what constitutes a reasonable accommodation, and be prepared to articulate why an accommodation is necessary for your success at work. Identify Discriminatory Actions : Some signs of disability discrimination may include being passed over for promotions, termination due to your disability, harassment or bullying because of your condition, or being forced to work beyond medical restrictions. If you experience any of these issues, they may be actionable under the law. File a Complaint with the EEOC or DFEH Federal and State Agencies : If your employer refuses to accommodate you or discriminates against you because of your disability, you can file a formal complaint. At the federal level, this is done through the Equal Employment Opportunity Commission (EEOC) , and in California, you may file with the Department of Fair Employment and Housing (DFEH) . Both agencies investigate claims of discrimination and failure to accommodate. File Promptly : Be mindful that there are deadlines for filing discrimination claims. The EEOC requires complaints to be filed within 180 days from the discriminatory act, while California’s DFEH typically has a one-year filing deadline. Failure to file within the required time frame can result in the loss of your legal rights. Consult with an Experienced Disability Discrimination Attorney Get Professional Help: Disability discrimination and accommodation violations can be complex. Consulting with an experienced employment attorney can help you understand the nuances of the law and your options. A skilled lawyer can assist you in navigating the process, filing complaints with the appropriate agencies, and even pursuing a lawsuit if necessary. Protecting Your Rights Disability discrimination is illegal , but it is still prevalent in many workplaces. Employees with disabilities have the right to reasonable accommodation and protection from discrimination. If you believe your employer is not complying with ADA or California’s disability laws, it’s crucial to take action as soon as possible. Document everything, engage in the interactive process, and know your rights. If you believe you have been discriminated against or denied necessary accommodations, don’t wait—contact us today. Our experienced attorneys specialize in employment law and are committed to fighting for your rights. We’ll help you navigate the complex legal process and ensure that you receive the accommodations and justice you deserve. Reach out to us today for a consultation, and take the first step toward securing your rights in the workplace.