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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