What is considered disability discrimination in California?



What is considered disability discrimination in California?

While some cases of workplace disability discrimination may be obvious, others may be more subtle. Being fired or denied promotion because of a disability are forms of disability discrimination in California.

There are many other types of adverse employment actions that may be considered signs of disability discrimination. It is unlawful for an employer to use a person’s disability as grounds for:

  • Changing work duties
  • Giving negative performance reviews
  • Exclusion from company meetings and events
  • Reducing hours or pay
  • Denying medical leave
  • Refusing to hire a job applicant
  • Asking about a medical condition during a job interview
  • Harassing or making fun of them
  • Imposing restrictions on the terms and conditions of employment
  • Terminating them even though they can perform their job duties
  • Retaliating against them for requesting reasonable accommodations.

Remember that not all negative actions taken against a disabled employee may always be considered unlawful discrimination. For example, a worker may be denied a promotion, not due to their disability but because another employee was more qualified for the position. 

Under California law, employers are required to offer reasonable accommodations to workers with disabilities unless doing so would pose an undue hardship. Reasonable accommodations allow employees to continue working with certain adjustments to the work environment. Denying an employee’s request for a reasonable accommodation or refusing to discuss solutions in an interactive process may be considered disability discrimination.

Although there are laws to protect employees with disabilities, many employers continue to engage in discrimination. They may give false reasons to cover up their discriminatory practices.

A knowledgeable disability discrimination lawyer can help you determine whether the adverse employment action you experienced was based on your disability and a violation of the law. If you suspect you have suffered disability discrimination at work, contact the San Francisco employment attorneys at McCormack Law Firm. We can help you determine whether you have grounds for a disability discrimination claim against your employer.

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