In California, people with disabilities have the same rights to work as anyone else. Many employers might be reluctant to hire someone who is disabled. Of course, there are certain jobs for which a disabled person is unsuitable due to its requirements. If they can do the job in every way, however, they cannot be denied employment or dismissed from a job strictly because of their disability. If it happens, it is disability discrimination. People who believe they have been discriminated against because of a disability should remember that they have rights and understand the law.
There are state guidelines for people who are disabled and seek work or are already employed. If an employer treats a qualified person in an unfavorable manner due to the disability, it is disability discrimination. It is also illegal to treat a worker or a person applying for a job less favorably due to them having had a disability in the past or because of a belief that the person might be disabled. Employers must provide reasonable accommodations to disabled employees unless it is deemed an undue hardship on the employer.
When evaluating a job applicant, the employer must conduct that evaluation regardless of any disability. The prospective employee cannot be asked about his or her disabilities, how severe they are or be required to take part in tests that are not given to all potential hires. Employers do have the right to ask the prospective employee if it is feasible that he or she can do the job and all its requirements. They must respond if the employee asks for reasonable accommodation. The employer can ask for a medical certification to prove that reasonable accommodation is needed.
With reasonable accommodation, the employer must act in good faith with clarification as to what functions are needed, what is possible, and if there will be undue hardship if all the needs are granted so the person can work. Whether the person has a disability, a medical condition or an illness or is simply pregnant, employers do not have the legal right to deny them employment or punish them with a lack of advancement, reduced wages and forms of harassment. If this has occurred, it is likely that disability discrimination has occurred, and those affected should explore their legal options moving forward.