Banner Law Group

Disability Discrimination

FEHA’s definition of disability is broader than the federal ADA. It covers any physical or mental condition that limits a major life activity — including conditions in remission, perceived disabilities, and conditions that wouldn’t substantially limit activities under federal law. The bar for coverage is intentionally low.

Employers must engage in a good-faith interactive process to identify reasonable accommodations. Accommodations can include modified schedules, equipment, additional leave beyond what other policies provide, reassignment to a vacant position, telework, and other adjustments — unless the employer can prove undue hardship.

Common violations include failure to engage in the interactive process, refusal to accommodate, terminations following a request for accommodation or a disclosure of a medical condition, harassment based on disability, and retaliation for asserting accommodation rights.

If you think you have been discriminated against because of a disability, contact us immediately.