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What protections do disabled Californians have in the workplace?

| May 25, 2018 | Disability Discrimination, Firm News |

It takes all types to make an effective diverse workplace, and this includes people with physical disabilities. Disabled employees often contribute a fresh perspective to important work, bringing products and services to more people.

Two laws can protect disabled workers in California against discrimination. The nationwide Americans with Disabilities Act (ADA) and the statewide California Family Rights Act (CFRA) can protect vital benefits, as well as people’s jobs.

How does the ADA help protect employees with disabilities?

First, a person cannot be discriminated against under the ADA because someone perceives a disability based on discussion or movement around the office. Second, if an employee has a disability, the employer must act in good faith to accommodate his or her needs in the workplace. That way, people have the expectation of engaging with their jobs meaningfully.

What about the CFRA?

This lawmakers sure that larger employers provide up to 12 weeks of leave for employees after a year of work. This leave may be due to a serious health condition, such as a permanent disability. If an employee provides advance notice, the employer may not terminate him or her if he or she returns by the end of leave.

Can a lawyer help me with disability discrimination?

There are some steps that the victim of workplace discrimination may take alone, such as reporting behavior to a human resources officer. Sometimes, people choose to consult attorneys as soon as discrimination is perceived. Legal counsel is advisable when it is necessary to elevate a case to an out-of-court settlement or jury trial after the filing of a lawsuit in civil court.

Source: SF Weekly, “Employee Protections Against Wrongful Termination,” Chris Dolan, May 23, 2018