Employment Discrimination

Disability Discrimination

The Americans With Disabilities Act (“ADA”) and FEHA prohibit discrimination against disabled employees. This means that a disabled employee cannot be paid less, denied opportunities for advancement, or fired from a job because of their disability. While a disabled employee must be able to perform the “essential functions” of the job, an employer is required to make reasonable accommodations to allow the disabled employee to work. Employers who fail to make reasonable accommodations can be liable for employment discrimination

But what accommodations are considered “reasonable”? This question is at the heart of almost every disability discrimination lawsuit. “Reasonableness” is considered on a case-by-case basis, and what is reasonable for one employer may not be reasonable for another. Courts examine many factors to determine whether accommodations are reasonable. The cost of the accommodation is one of the factors considered, but it is not the only one. Any disruptions the accommodation causes to the employer’s operations can potentially be costly. For example, an extra rest break might not interfere with office operations, but if a disabled employee is a worker on a tightly controlled manufacturing line, an extra break could impact productivity. Because this question of “reasonableness” is open to interpretation, employers will often argue that an accommodation is not reasonable. Disabled workers have the right to hire their own employment lawyers to protect their legal rights to have reasonable accommodations in the workplace.