Disability Discrimination
Under the California
Fair Employment and Housing Act, a victim of disability
discrimination in the workplace may sue her employer in a
California State Superior
Court after obtaining a right-to-sue notice from the California
Department of Fair Employment
and Housing. However, employers may terminate or refuse employment to
individuals who are unable to perform their essential duties with reasonable
accommodations or who would be a danger to themselves or coworkers. An employer
may inquire into a job applicant's ability to perform job-related functions. An
employer may request information regarding an applicant's physical fitness,
medical condition and medical history if related to job duties or health and
safety at work. After a job offer is made, the employer may require the
employee to answer medical or psychological inquiries and submit to medical or
psychological examination if the employer similarly requires its other
employees to do so and the examination relates to job duties. Preemployment
medical examination results and inquiry answers must be kept confidential.
To obtain a right-to-sue notice, a person must make a
complaint to the California Department of Fair Employment and Housing within one year of
the discriminatory act. The discrimination victim may either request that the
Department investigate the complaint or issue an immediate right-to-sue
notice.
While a victim of disability discrimination may sue
his employer, he may not sue an individual supervisor or coworker for the
discrimination.
An employer may defend against a "disability
discrimination" claim with proof that it denied a job to a disabled person
because of a "bona fide occupational qualification" (BFOQ), a practice that on
its face excludes an entire class or group of persons. It may also defend such
a claim that denying/terminating employment was a business necessity or a
threat to health and safety.
For a free consultation about disability
discrimination at work with an experienced employee rights attorney, contact
David Spivak:
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites:
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