THE FEHA AND ADA PROHIBIT EMPLOYMENT AND WORKPLACE DISCRIMINATION – FOR THE PURPOSE OF THIS BLOG: DISABILITY (REASONABLE ACCOMMODATION) AND AGE DISCRIMINATION

The following materials are from a couple of slides from my disability discrimination and reasonable accommodation materials. The EEOC and court decisions pertaining to disability discrimination and the reasonable accommodation requirement are voluminous – it is my understanding that the majority of EEOC decisions are in the disability and reasonable accommodation area.

The Fair Employment and Housing Act (“FEHA”) and the Americans with Disabilities Act (“ADA”) prohibit employment and workplace discrimination, not limited to hiring, termination, conditions, benefits and terms.  The FEHA and the ADA both prohibit disability discrimination and require a “reasonable accommodation” process.  The FEHA specifically prohibits discrimination based on the following criteria (FEHA: Cal. Gov. Code §§12940-12951; ADA: 42 USC §§12111-12117; the FEHA also prohibits harassment in the workplace):

  • Age (40 and over)
  • Race
  • Ancestry
  • Religion
  • Color
  • Sex
  • Religious Creed
  • Sexual Orientation
  • Marital Status
  • National Origin
  • Denial of Family and Medical Care Leave
  • Disability (mental and physical)
  • Medical Condition (e.g., cancer and genetic characteristics)

What is the disability discrimination reasonable accommodation requirement? Is shall be an unlawful employment practice “for an employer . . . to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship to its operation.” FEHA: Cal. Gov. Code §12940(m); ADA: 42 USC §12112(b); see also slide 15 for further clarifying discussion.

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