Disability Discrimination

The California Fair Employment and Housing Act prohibits employment discrimination on the basis of an individual’s physical disability. Cal. Gov. Code § 12940(a). Under the FEHA, “physical disability” includes having a physiological disease, disorder, or condition that, by affecting the neurological or musculoskeletal body systems, special sense organs or skin, “limits” a “major life activity.” Cal. Gov. Code § 12926, subd. (k)(1)(A), (B). The FEHA further defines “disability” to include: an anatomical loss which is known to the employer. Id. § 12926, subd. (k)(3)-(5) and defines “limits” as synonymous with making the achievement of a major life activity “difficult.” Id., subd. (k)(1)(B)(ii).) “Major life activity” is construed broadly and includes physical, mental, and social activities, and working. Id., subd. (k)(1)(B)(iii); See also Cal. Gov. Code § 12926.1, subd. (c). To establish a prima facie case of discrimination on grounds of physical disability under the FEHA, a plaintiff must show that he (i) suffers from a disability; (ii) is otherwise qualified to do the job and (iii) was subjected to an adverse employment action because of the disability. Cal. Gov. Code Sec. 12926.1.

Contact disability discrimination attorney Jessica Juarez, jessica@stoll-law.com for more information on disability discrimination at work.