Disability Discrimination

It is illegal for an employer to discriminate against a qualified employee with a disability. Employers can discriminated based on an employee's disability during the job application procedure, hiring, promotions, or termination of employee, conditions and other terms of employment. California law protects disabled workers under Fair Employment and Housing Act (FEHA).

For the employee to be eligible to make a claim of disability discrimination under the ADA or FEHA, the employee must be a "qualified individual with a disability". These means that she or he must be able to do the job. The employee's disability must “substantially limit one or more major life activities”, where the disability actually interferes with a person's life.

The Federal American with Disabilities Act (ADA) prohibits employers from engaging in a broad range of discriminatory conduct on the basis of an employee's disability. Employers may not limit, segregate or classify jobs in such a way as to discriminate, contract or arrange with others to discriminate; utilize discriminatory standards, criteria, or methods of administration; or exclude or deny qualified individuals from jobs or benefits on the basis of disability. In addition, an employer must make “reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability”.

California law protects disabled workers under the Fair Employment and Housing Act (FEHA) and provides the same protections under the Federal Americans with Disabilities Act (ADA).