Disability Discrimiation

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Disability Workplace Discrimination

What is Disability Workplace Discrimination?

  • Complete Details

    Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability.


    Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because he or she has a history of a disability (such as a past major depressive episode) or because he or she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he or she does not have such an impairment).


    The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer ("undue hardship").

  • Am I being reasonably accommodated?

    The law requires an employer to provide reasonable accommodations to employees and job applicants with a disability, unless doing so would cause significant difficulty or expense for the employer.


    A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.


    Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.


    While the federal anti-discrimination laws don't require an employer to accommodate an employee because he or she must care for a family member with a disability, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. 

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Frequently Asked Questions (FAQs)

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  • What is Disability Discrimination?

    Under California’s Fair Employment and Housing Act, any employer with five or more employees is prohibited from engaging in discrimination.  An employer commits disability discrimination when it treats a qualified employee or applicant unfavorably due to his or her disability, or perceived disability.



  • How Does the Law Define a Reasonable Accommodation?

    A reasonable accommodation is any change in the work environment to help a person with a disability apply for a job, perform the duties of a job or enjoy the benefits and privileges of employment. The most common examples of reasonable accommodations include:


    • Adjusting work schedules
    • Amending job duties
    • Relocating the work area
    • Granting leave for medical care
    • Providing technological assistance
  • What Is the Legal Process for Requesting a Reasonable Accommodation?

    Employers must engage in an “interactive process” when an employee or applicant requests a reasonable accommodation.  That means an employer must conduct an individual assessment of a disabled employee’s specific circumstances to determine if there is any accommodation available to allow that employee to remain employed by the company.  A request for a reasonable accommodation does not have to be in writing. You are allowed to request a reasonable accommodation during a face-to-face meeting or using alternate forms of communication. In fact, an employer might be required to start the interactive process if it knows you are disabled, even if you do not ask for it.

  • In What Circumstances Can My Employer Refuse to Hire Me Due to My Disability?

    California and Federal law prohibit employers from discriminating against a disabled applicant due to his or her disability. If the disabled applicant cannot perform the essential tasks for the job, then the employer does have the right to hire someone else for the position.

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