Can You Be Fired For Having A Disability?

Updated: Jan 27

Disability Discrimination And Employment Law In California

Under California Employment Laws, people with disabilities are listed as a protected group. Employers cannot refuse to employ workers or fire current employees simply because of the employee's or potential employee's disability due to this law. In addition, the Americans with Disabilities Act requires employers to offer reasonable accommodations for disabled employees (ADA). Failure to comply with these protection laws may result in legal consequences.

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Disabilities as Defined by California Law

If you have a disability that impairs one or more major life activities, you are considered disabled in California. Physical or mental disabilities include developmental flaws, organic brain syndrome, emotional or mental disability, and specific learning disabilities. They can be overt, such as using a wheelchair, using a cane, being disfigured, or having a bodily part amputated, or subtle, such as heart attacks, respiratory issues, depression, anxiety, stomach problems, sleep apnea, and so on.

To be deemed a debilitating disorder, an impairment or weakness must be perceived to be long-term or permanent. However, in the case of a temporary disability, it may be covered by the California Family Rights Act or the Family and Medical Leave Act.

If your rights have been violated, you should consult with a pre-screened Employment Lawyer in Los Angeles.

What Are Your Employment Rights?

A disabled person otherwise qualified (has the necessary education, training, or other credentials) to perform the essential work functions, with or without accommodations, shall be treated equally with all other candidates and/or employees.

Essential job functions are those that are required by the job. Critical job tasks for a firefighter, for example, include the ability to sprint, elevate, and hold. Pilots, on the other hand, require vision as a valuable job requirement. A person with a disability who is unable to do these responsibilities is not otherwise eligible.

Discrimination Against Disabled People in California

Disabled workers are protected from job discrimination under the Fair Employment and Housing Act (FEHA), implemented in 1974 in California. The Americans with Disabilities Act (ADA) is the federal equivalent. "Disability," according to the ADA, is defined as a "physical or mental defect that severely limits one or more i