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:

Discrimination FightDiscrimination.net
Wrongful termination FightWrongfulTermination.com
Sexual harassment FightSexualHarassment.com
Unpaid wages and overtime MyWorkMyWages.com
Family and medical leave FMLALawyers.com
Pregnancy discrimination PregnancyRights.com
Disability discrimination FightDisabilityDiscrimination.com
Age discrimination FightAgeDiscrimination.com
Employee Rights Blog CaliforniaEmployeeRightsAttorney.

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