Workplace Discrimination For Disability In San Bernardino
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FAQ
You should call the EEOC at 1-800-669-4000 if you think the law may have been violated. A person with a disability must be able to perform the job he or she is applying for or currently holds, with or without reasonable accommodation.
An employer demands that you disclose or talk about your disability when you have not asked for an accommodation. Your boss, coworkers, or customers direct derogatory comments, jokes, or gestures toward you that are related to your disability.
You Need Medical Documentation. Medical documentation is a fundamental component in proving disability discrimination cases. This type of documentation, typically provided by a healthcare provider, should clearly establish the nature of your disability and how it impacts major life activities.
You can do that by filing a complaint with the Equal Employment Opportunity Commission (EEOC) – a federal organization – or the Department of Fair Employment and Housing – a California organization. Both of these agencies are designed to make the workplace comfortable for all employees.
You Need Medical Documentation Medical documentation is a fundamental component in proving disability discrimination cases. This type of documentation, typically provided by a healthcare provider, should clearly establish the nature of your disability and how it impacts major life activities.
Discrimination includes unequal treatment, retaliation and harassment against employees and job applicants with disabilities. It also includes the failure to provide reasonable modifications to an employer's practices, policies or workplace conditions in order to accommodate an employee's or applicant's disability.
Disability harassment can include negative or offensive remarks or jokes about a person's disability or need for a workplace change, and other verbal or physical conduct based on a person's disability.
Who Is Protected Under the ADA? The ADA protects qualified individuals with disabilities. An individual with a disability is a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment.
The Fair Employment and Housing Act (FEHA), enforced by the California Civil Rights Department (CRD), prohibits employment discrimination and harassment based on a person's disability or perceived disability.
Medical Condition Discrimination and Harassment Under FEHA, California employers that have at least five employees are not allowed to discriminate against an employee based on his or her medical condition, among other protected characteristics. FEHA is enforced by the Department of Fair Employment and Housing (DFEH).
