How to Handle Discrimination Based on Disability in California Employment Law

Discrimination based on disability in the workplace is a significant issue that can have long-lasting effects on individuals and their careers. In California, both state and federal laws are in place to protect employees from such discrimination. Understanding how to address and handle these situations is crucial for employees facing discrimination in their jobs.

The primary statute protecting individuals with disabilities in California is the Fair Employment and Housing Act (FEHA). This law prohibits discrimination in employment based on physical and mental disabilities. Additionally, the American with Disabilities Act (ADA) provides federal protections against employment discrimination for individuals with disabilities.

Here are several steps employees can take when facing discrimination based on disability:

1. Document the Discrimination

Begin by keeping a detailed record of discriminatory incidents. Note the dates, times, locations, and the names of individuals involved. Documenting emails, messages, or any other communication relevant to your case can strengthen your position later on.

2. Review Company Policies

Familiarize yourself with your employer’s policies regarding discrimination and harassment. Most companies have a grievance procedure in place. Understanding these policies will guide you on the proper channels to report discrimination within your organization.

3. Report the Discrimination

Once you have adequate documentation, report the discrimination to your supervisor or human resources department as per company policy. It’s essential to provide them with your documented evidence and specify how the behavior has adversely affected your work environment.

4. File a Complaint with State or Federal Authorities

If your employer fails to address the issue adequately, you may consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Both agencies investigate allegations of discrimination and can offer remedies if discrimination is found.

5. Seek Legal Counsel

Consulting with an attorney who specializes in employment law can be incredibly beneficial. They can provide guidance on the evidence needed for a strong case and advise you on the best course of action, including potential litigation if necessary.

6. Explore mediation or alternative dispute resolution (ADR)

Before pursuing legal action, consider mediation or ADR as an option to resolve the issue amicably. These methods can be less confrontational and often quicker than going through a formal lawsuit.

7. Know Your Rights

Familiarize yourself with your rights under the FEHA and ADA. Employees with disabilities are entitled to reasonable accommodations that allow them to perform their job functions effectively. Employers are also required to engage in an interactive process to determine appropriate accommodations.

8. Maintain Professionalism

While facing discrimination can be incredibly frustrating, maintaining professionalism in the workplace is vital. Continue to perform your job to the best of your ability and avoid retaliatory actions that could undermine your case.

9. Build a Support Network

Connect with support groups, disability advocacy organizations, or colleagues who can provide guidance and emotional support. Sharing experiences can be empowering and provide resources for navigating workplace challenges.

Conclusion

Discrimination based on disability in California is taken seriously under the law. By understanding your rights, documenting your experiences, and knowing the appropriate steps to take, you can effectively address discriminatory practices in the workplace. Remember, you are not alone, and there are resources available to support you in ensuring fair treatment in your employment.