Sacramento Disability Discrimination Lawyer

California Family Rights Act (CFRA):

While not specifically addressing disability discrimination, CRFA provides eligible employees with up to 12 weeks of job-protected leave for certain medical conditions, including those related to a disability. It applies to employers with 5 or more employees. 

Matt’s Further Legal Perspective:

The California FEHA is Preferrable to the Federal ADA for Employment Disability Discrimination Claims.

The ADA and FEHA both aim to protect individuals with disabilities from discrimination in the workplace, but they differ in their minimum requirement thresholds for what constitutes a disability. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Under the Fair Employment and Housing Act (FEHA), the definition of a disability is notably more lenient compared to the federal Americans with Disabilities Act (ADA). FEHA defines a disability as “any physical or mental condition that makes the achievement of a major life activity difficult.” This broader definition is designed to encompass a wider range of impairments and challenges faced by individuals, ensuring a more inclusive approach to protection against discrimination in the workplace.

Unlike the ADA, which emphasizes the substantial limitation of major life activities as a criterion for defining a disability, FEHA takes a more flexible approach. The inclusion of “makes the achievement of a major life activity difficult” acknowledges that an impairment doesn’t necessarily need to severely limit or prevent a major life activity. Instead, even if an impairment causes difficulties, inconveniences, or challenges in performing a major life activity, it can still qualify as a disability under FEHA.

Additionally, under the ADA, remedial measures, such as medications or assistive devices, are factored into determining whether an individual qualifies as having a disability. However, in contrast, California’s FEHA takes a more lenient approach, as it does not consider these remedial measures when defining a disability. As an example, a person who wears eyeglasses could potentially be qualified as disabled under the FEHA but would not be disabled under the ADA.

Pre-existing Physical Limitations on Mobility: 

Any physical restriction or limitation that the employee had prior to obtaining the job in question. For instance, an employee that requires a wheelchair because of a severe childhood injury, an employee that has a lifting restriction because of an unrelated illness, or any other restriction on walking, standing, lifting, pushing, pulling, or any other form of physical mobility.

Unexpected Illness or Injury Requiring Hospitalization:

A short or extended injury or illness that requires hospitalization, frequently resulting from non-work-related source.  For instance, the employee suffers a heart attack during a vacation, and requires several weeks of hospitalization, an employee needs a modified workstation because of a water-skiing accident, or an employee needed a leave of absence for a muscle torn during a game of flag football at the park.

Physical Limitations Related to Workplace Injuries:

Employees that suffer an “industrial injury” at work often are given mobility restrictions from the workers’ compensation evaluator.  Those restrictions, including lifting, pushing, pulling, stooping, sitting and standing, often qualify as disabilities under California law.

Mental Disabilities: 

Any mental or emotional medical condition that adversely affects an employee’s ability to perform the essential functions of the position with or without a reasonable accommodation.  Mental Disabilities typically are the most difficult types of disabilities for employers to accommodate, and generally present difficult claims to win.

The Interactive Process is vital to ensuring that disabled employees within a company are not being discriminated against. Here we will evaluate how the Interactive Process can determine the necessity and possibility of Reasonable Accomodation.

Step 1: Employee Provides Physical Restrictions to Employer

In the first step of the interactive process, the employee with a disability is responsible for providing information regarding their physical restrictions.  The employee must inform the employer of their disability and any physical limitations or restrictions that affect their ability to perform specific job tasks.

Employees need to provide medical documentation or notes from healthcare professionals to substantiate their physical restrictions. However, employers should be cautious not to request excessive or unnecessary medical information, as this can potentially violate privacy laws.

Step 2: Employer Determines Essential Functions of the Job

When determining which functions are essential, employers should consider several factors:

• The employer’s judgment: The employer’s opinion on what are essential functions carries weight, but it’s not the sole factor.
• Job descriptions: Written job descriptions, if available, can be useful in defining essential functions.
• Frequency and time spent: Consider how often each task is performed and the time spent on it.
• Consequences of not performing the function: Assess the impact on the organization if a specific function is not performed.
• Work experience of current and past employees: Consider the experiences of individuals who have held the same or similar positions.
• Document Findings: It’s essential for employers and employees to document their findings regarding the essential functions of the job. This documentation can serve as a reference point throughout the interactive process.

Step 3:  Employer and Employee Compare Physical Restrictions and Essential Job Functions to Determine “Necessity” of Reasonable Accommodation

Once the physical restrictions are clearly defined, the employer must compare these restrictions with the essential functions of the job to determine if reasonable accommodation if necessary for the disabled employee to continue performing their job duties in the same manner as a non-disabled employee.

Outcome 1: Reasonable Accommodation is NOT Necessary

If both the employee and employer mutually agreed that the employee’s physical limitations do not substantially interfere with their ability to fulfill the essential functions of the job, the employee may resume work without accommodation.  In other words, the interactive process concluded that the employee is fully capable of resuming their job duties without any modifications or accommodations (able to work on par with a non-disabled employee).

It’s important to recognize that when a disabled employee is determined to not require reasonable accommodation during the interactive process, the process itself doesn’t come to a complete conclusion. Rather, it transitions into an ongoing commitment by the employer to periodically review the situation in consultation with the disabled employee.

Outcome 2: YES, Reasonable Accommodation IS Necessary

The employer and employee should work together to identify possible accommodations that would meet the employee’s needs. These accommodations can vary widely and might include modifications to the workspace, changes in work hours or schedules, job restructuring, or providing assistive technology or tools.

Step 4:  The Employer Evaluates “Possibility” of Suggested Reasonable Accommodations

At this stage, collaboration between the employer and employee has determined that there is a necessity for reasonable accommodation.  Suggestions and recommendations for specific accommodations have been discussed and are “on the table” for evaluation.  In advance of accepting and implementing any suggested accommodation, the employer is allowed to assess whether the proposed accommodation is possible by determining if accommodation would create an “undue burden” for the business.  

• An undue burden on the employer means that implementing the requested accommodation would cause the employer significant financial hardship or disrupt their operations to an unreasonable extent, making it excessively difficult or impractical to provide.

What are TYPICAL Reasonable Accommodations:

1. Leave of absence
2. Accessible workspace
3. Ergonomic accommodation
4. Remote work or telecommuting

What are NEVER Reasonable Accommodations under California law:

1. Indefinite leave of absence
2. Replacing supervisor
3. Creating a new position
4. Lowering production or performance standards
5. Changing the number of hours per week required
6. Hiring an assistant for the disabled employee

Outcome 1:  The suggested accommodation IS possible because it is not an undue burden on the employer.

If the requested reasonable accommodation is not an undue burden for the employer, the employer must promptly implement the accommodation so the employee may return to work.

Again, at this point it should be remembered that the interactive process itself doesn’t come to a complete conclusion.  Rather, it transitions into an ongoing commitment by the employer to periodically review the situation in consultation with the disabled employee.

Outcome 2:  The requested accommodation IS NOT possible because it is an undue burden on the employer.

In cases where accommodating a disabled employee is deemed an undue burden, the employer is obligated under the FEHA to identify suitable open positions for which the disabled employee meets the minimum qualifications and place them into such roles without requiring an interview process, prioritizing the disabled employee over other applicants.

• The disabled employee must meet the minimum qualifications of the job to gain preferential placement.
• The disabled employee is not entitled to keep their same pay should the available open position pay less than the employee’s previous position.

Outcome 3:  The requested accommodation IS NOT possible and there is NO open position available where the disabled employee meets the minimum job requirements.

In this case, termination of the disabled employee would not be unlawful.  The reason the termination would not be unlawful is because the employee is NOT able to return to work with or without reasonable accommodation.

Is the employer required to offer “light duty” as a reasonable accommodation for a disability?

The employer is generally not required to provide light-duty work, with the sole exception being for pregnant employees.

Matt’s Further Legal Perspective:

Reasonable Accommodation is ALWAYS an Open Question

Despite the robust protections afforded by the California Fair Employment and Housing Act (FEHA), employers almost always fall short in fully considering the interactive process for reasonable accommodation.

What constitutes “reasonable accommodation” is not a fixed or one-size-fits-all concept. It’s almost always an open-ended question because it hinges on various factors, including the specific nature of your disability, your job duties, and the potential impact of reasonable accommodation on the workplace.

The concept of reasonable accommodation under the FEHA is rooted in the principle of leveling the playing field for disabled employees. It is designed to ensure that individuals with disabilities have equal access to employment opportunities and can perform their job duties effectively, just like their non-disabled counterparts. This process demands that employers actively explore and evaluate all potential accommodations that could enable a disabled employee to succeed in their role.

The interactive process and an employer’s responsibility to provide reasonable accommodation for a disabled employee hinges on whether the employer can make it happen, not whether they want to, often leading to misconceptions that result in disability discrimination in practice.