Disability Discrimination and Harassment is against the law. Discrimination and harassment is prohibited in all employment practices, including: 1) advertisements, 2) applications, screening, interviews, 3) hiring, transferring, promoting, terminating, or separating employees, 4) working conditions and 5) participation in a training or apprenticeship program, employee organization or union. Even an employee who is perceived to be disabled, but in reality is not, is protected under California law.
Employers must provide reasonable accommodations to disabled employees unless it would cause an undue hardship. This normally requires an employer to undergo an interactive process with the employee where the employer and employee make a good faith effort to determine what reasonable accommodations are available.
California disability laws protects mental and physical disabilities (including AIDS/HIV), regardless of whether the conditions are presently disabling. It also covers medical conditions, which are defined as either cancer or genetic characteristics. Protected disabilities does not include sexual behavior disorders, compulsive gambling, kelptomania, pyromania, or psychoactive substance abuse disorders resulting from the current illegal use of drugs.
Employees with disabilities may be covered the Calfornia Family Rights Act and other disability laws for any leaves taken as a result of the disabilities.
Any employment-related or personnel decision based on either of the following reasons is not discriminatory: 1) the person is unable to perform the essential functions of the job and no reasonable accommodation exists that would enable the person to perform the "essential functions" of the job, 2) the person would create an imminent and substantial danger to self or others by performing the job and no reasonable accommodation exists that would remove or reduce the danger.
Employees can recover damages including reinstatement, lost wages, lost benefits, promotion, compensatory damages, emotional distress damages, attorney's fees and even punitive damages.
|
|