Experienced Attorneys Confronting Discrimination In The Workplace

At Shanberg Stafford LLP, our California and Washington employment discrimination attorneys advise and represent clients regarding the following kinds of alleged discrimination in the workplace:

  • Disability, both mental and physical
  • Unequal pay for equal work
  • Denial of a promotion based on race, sex or age
  • Firings or layoffs based on race, sex or age
  • Denial of full and equal accommodations based on sex, race, color, religion, ancestry, national origin, disability or medical condition
  • Different treatments for pregnant women or people with cancer
  • Whistleblowing

Accommodations For Disabilities In The Workplace

In September of 2000, Gov. Gray Davis signed Assembly Bill 2222 into law, expanding protection for disabled workers under California’s Fair Employment and Housing Act (FEHA). While disabled workers were already protected under federal law, including the Americans with Disabilities Act (ADA), FEHA broadened the definition of both mental and physical disability so as to provide California employees with added protection not available under federal law.

Under AB 2222 and FEHA, a mental or physical disability need only limit a major life activity as opposed to “substantially limit,” as set forth under the terms of the ADA. As a consequence, more mental and physical disabilities are protected under California’s FEHA than the ADA.

Additionally, FEHA requires employers to provide reasonable accommodation in a timely manner for disabled employees, as well as to engage in a good-faith, interactive process to ascertain the nature of the disability and whether reasonable accommodation is necessary. There are other requirements under FEHA that limit what employers can and cannot do, including certain prohibitions against disability investigations or examinations on the part of employers.

At the law office of Shanberg Stafford LLP, our disability discrimination attorneys can explain how FEHA affects employers and employees in matters related to discrimination in the workplace. Regardless of whether discrimination involves age, race, religion or disability, understanding what California law mandates is essential in evaluating a cause of action and allegations of discrimination.

Reasonable Accommodation And The Interactive Process Under FEHA

Before FEHA was modified by AB 2222, employers were required to make reasonable accommodations for employees with physical or mental disabilities unless doing so placed undue hardship on the employer’s operations. After AB 2222, employers must now make a good faith, timely effort to interact with disabled employees in order to make appropriate accommodations for them when requested to do so. Under FEHA, it is unlawful for an employer to refuse to engage in the interactive process of making accommodations for a disabled employee or applicant.

While employers must make a good-faith effort to enter into discussions with disabled employees about their accommodations, employees are also required to make a good-faith effort to participate in these discussions. As such, employers can ask employees to provide medical certification of their disability and may ask them to work directly with an employee’s doctor throughout the accommodation process.

Contact Shanberg Stafford LLP Today To Protect Your Rights

For more information regarding discrimination in the workplace, contact the Newport Beach discrimination attorneys at Shanberg Stafford LLP at 866-902-0497 or send us an email.