If you have been a workplace accident or injury victim and have returned to work, you don’t need to fear discrimination. The state of California and several federal laws are there to protect the disabled person. You just need to be aware. Here we talk about what are your rights as a disabled person in California. 

Key Laws

Disabled workers have the right to be free from any form of discrimination, unequal treatment, or improper termination.

According to the federal Americans with Disability Act (ADA) and several California laws like the Fair Employment and Housing Act of 1980 (FEHA), the Unruh Civil Rights Act, and Disabled Persons Act, any form of discrimination against otherwise qualified disabled California workers is illegal. 

The ADA applies to all employers who have 15 or more employees and covers local and state governments. FEHA, on the other hand, applies to employers who have five or more employees. The Federal Rehabilitation Act of 1973 is also there, and it ensures prohibition against disability discrimination is also applicable to federal employers. 

According to the laws, including those stated above, disability refers to a physical or mental impairment that substantially limits one or more major life activities. Employees who can perform essential functions of their job with or without reasonable accommodation are qualified. 

The law requires that disabled employees be given the same opportunities for work, pay, advancement, and other benefits as workers who don’t have a disability. 

The Forms of Discrimination

Discrimination can involve hiring discrepancies, demoting workers, firing disabled workers, providing unequal payment or uneven job opportunities to disabled employees, granting unequal access to facilities, and failing to discuss or provide reasonable accommodations to a disabled employee.

Discrimination can be based on actual disability or perceived disability, including physical and mental disability. Sometimes a disability might mean physiological conditions or limitations like paraplegia, mental issues like clinical depression, and many others. It might also mean medical conditions like cancer or HIV AIDS in some cases. However, all medical conditions don’t qualify for disability protection.

Facts About Reasonable Accommodation

According to California law, employers need to make reasonable accommodation arrangements for employees who have disabilities. Accommodation will allow a disabled worker to perform the same function as employees who don’t have a disability. Reasonable accommodation examples might include providing wheelchair-accessible restrooms, modifying equipment or devices, and modifying furniture, among others. 

In some cases, reasonable accommodation might mean allowing a person to work remotely, especially when a person can do all the job responsibilities from home and doesn’t need to come to an office to complete all work-related tasks and responsibilities. 

Employers are allowed not to provide accommodation that might mean causing the employer undue hardship. Undue hardship covers every action that would require significant expense or difficulty. The overall financial resources of an employer would be considered in such cases. 

Got More Questions About Your Rights as a Disabled Employee in California

If you have more questions about your rights as a disabled employee in California or you want to return to work respectfully, you can trust Laura M. Wilson & Associates Inc. We are here to help you return to work on your terms. 

We provide a wide array of services such as SJDB Service, RTWSP Service, Expert Witness, Vocational Evaluation, Vocational Rehabilitation Counseling Services, and Transferable Skills Analysis. Our vocational rehabilitation counselors will decide which services are right for you and offer a solution that helps you return to work and retain your job. To know more about how we can help, book an appointment here or call us toll-free on (800) 531-5608.