Guide to Disability Discrimination in the Workplace in California

Introduction

California is known for its progressive labor laws, including robust protections for individuals with disabilities. Despite these laws, workplace discrimination based on disability remains a pressing issue. Understanding your rights and the steps to address disability discrimination is crucial to fostering a fair and inclusive workplace.

This guide will provide an overview of disability discrimination, relevant California laws, and what to do if you face such discrimination in the workplace.

What is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee or job applicant unfairly because of their physical or mental disability. Discrimination can manifest in various ways, including:

Refusal to hire or promote based on disability.
Denial of reasonable accommodations.
Harassment or creating a hostile work environment.
Wrongful termination or demotion.

California Employment Law > Disability Discrimination

Recognizing Disability Discrimination

Discrimination based on disability can take many forms, some subtle and others overt. Here are typical examples:

Hiring Bias: Rejecting qualified candidates due to their disability.
Unequal Treatment: Denying training opportunities, promotions, or benefits to employees with disabilities.
Harassment: Making derogatory comments about an employee’s disability or creating a hostile work environment.
Failure to Accommodate: Ignoring requests for reasonable accommodations or providing inadequate adjustments.
Retaliation: Punishing employees who report discrimination or request accommodations.

Steps to Take If You Experience Disability Discrimination

1. Document the Discrimination

Keep detailed records of incidents, including:

Dates, times, and locations.
Names of individuals involved.
Copies of emails, memos, or other relevant communications.
Witness statements, if applicable.

2. Report the Issue Internally

Most companies have policies and procedures for addressing discrimination. File a complaint with your HR department or supervisor. Use written communication to create a record of your report.

3. File a Complaint with the Department of Fair Employment and Housing (DFEH)

If internal reporting does not resolve the issue, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH investigates discrimination claims and can mediate or provide a "right-to-sue" letter.

Deadline: Complaints must be filed within three years of the alleged discrimination.
Process: The DFEH may attempt to resolve the issue through mediation or recommend legal action if necessary.

4. Consult an Employment Lawyer

An experienced California employment attorney can:

Assess the strength of your case.
Help you navigate the DFEH complaint process.
File a lawsuit if mediation or agency action fails to resolve the issue.

Remedies for Disability Discrimination

If your claim is successful, you may be entitled to:

Compensatory Damages: Reimbursement for lost wages, benefits, and emotional distress.
Punitive Damages: Financial penalties against the employer for egregious misconduct.
Injunctive Relief: Court orders requiring the employer to implement anti-discrimination policies or provide accommodations.
Attorney’s Fees and Costs: Reimbursement for legal expenses.

Conclusion

Disability discrimination in the workplace is not only unlawful but also detrimental to creating an inclusive and productive environment. California’s laws provide strong protections for employees with disabilities, ensuring they have equal opportunities to thrive.

If you believe you’ve experienced disability discrimination, understanding your rights and taking action is crucial. Whether filing a complaint with the DFEH or pursuing legal action, you don’t have to face this challenge alone.

Consult a trusted California employment attorney to guide you through the process and fight for the justice you deserve. Together, we can work toward a more equitable workplace for all.

Notable Disability Workplace Discrimination Settlements and Verdicts in California

California has witnessed several substantial workplace disability settlements and verdicts, underscoring the state’s commitment to upholding employee rights and ensuring fair compensation for those subjected to discrimination or wrongful termination due to disabilities.

Notable cases include:

1. Juarez v. AutoZone Stores, Inc. (2014): A federal jury awarded Rosario Juarez over $185 million after determining that AutoZone demoted and later terminated her because of her pregnancy, a condition protected under disability laws. This verdict is among the largest single-plaintiff employment discrimination awards in U.S. history.

2. Chopourian v. Catholic Healthcare West (2012): Ani Chopourian, a physician assistant, was awarded $167 million after facing sexual harassment and retaliation, which included wrongful termination. The jury found that the employer’s actions violated disability discrimination laws, as Chopourian was subjected to a hostile work environment that exacerbated her medical conditions.

3. Webb v. Ramos Oil Co. (2012): A jury awarded $6.2 million to a truck driver who was terminated after refusing to drive in unsafe conditions, which he argued would have exacerbated his medical condition. The verdict highlighted the employer’s failure to accommodate the employee’s disability and retaliatory termination.

4. Baldwin v. Kaiser Permanente (2013): A jury awarded a nurse over $1.5 million after she was terminated due to her inability to perform certain tasks related to a disability. The case emphasized Kaiser Permanente\u2019s failure to provide reasonable accommodations under California disability law.

5. Rangel v. Bimbo Bakeries USA (2017): The plaintiff, a delivery driver, was awarded $2.4 million after being terminated due to a disability resulting from a workplace injury. The jury found that the company failed to engage in the required interactive process to accommodate the worker´s disability.

These cases underscore the importance of enforcing disability rights in the workplace and the legal recourse available to employees facing discrimination or wrongful termination due to their disabilities.