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Basic Disablity Rights at Workplace in California

6/1/2009

 

If you are an employee in California who is or has become disabled as a result of work related injury or non-work related medical condition, it is important that you are aware of your three fundamental rights and your employer's obligations toward you: 

* You have the right to be free from disability discrimination under FEHA (California Fair Employment and Housing Act which applies to all employers that employ more than five persons). This means that your employer may not treat you differently in terms, conditions or privileges of your employment on the basis of your disability or your serious medical condition. Further, if the company implements a layoff, it may not take into account a workers disability as one factor in determining whether to choose him/her for a layoff.

* Your employer, if subject to FEHA, upon notice of your disability, has an affirmative duty to engage in interactive process with you to find reasonable accommodations to your disability. This means that your employer must engage in a form of dialogue with you to figure out what the employer can do to eliminate or reduce the challenges that your disability creates in your work performance. This duty is continuing, which means that if with time a certain accommodation doesn't work or if your condition changes or aggravates, the employer will remain obligated to continue the interactive process to accommodate your disability unless such accommodations impose undue hardship on the employer's business. 

* If you are forced to take medical leave due to your disability or a serious medical condition, you are have right to return to work and be reinstated to the same or a similar position at your workplace.


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
Photos from shixart1985 (CC BY 2.0), Ivan Radic (CC BY 2.0), Ernst Moeksis, shixart1985, Rawpixel Ltd, Ivan Radic
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case