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<\/p>\nThe Americans With Disabilities Act (ADA) was passed in 1990 to protect disabled workers and their immediate family members from discrimination and harassment at work. Employers often believe disabled employees cannot handle the same roles and responsibilities of nondisabled employees, so this legislation is incredibly important to ensure disabled individuals are treated equally.<\/p>\n
Under the ADA, employers cannot take an employee\u2019s disability into consideration when making any decisions related to hiring, firing, promoting, wage determinations, or job benefits. This is a federal law that applies to all employers with fifteen or more employees.<\/p>\n
The two laws also disagree when it comes to defining a \u201cmajor life activity.\u201d The FEHA includes work as a major life activity, meaning if your disability limits your ability to work a job, you qualify as a disabled person under this law. However, the ADA does not have work listed as a major life activity, so you must be able to show how your disability limits your ability to perform other activities outlined in the ADA.<\/p>\n
Finally, the FEHA and ADA have different processes for evaluating an individual to determine whether he is disabled or not. The ADA requires a disabled person to take an evaluation in a mitigated state. For example, if an employee who was hard of hearing were to be evaluated following the ADA\u2019s guidelines, he would be required to wear a hearing aid at the time of the evaluation. This type of mitigation is not required under a FEHA evaluation.<\/p>\n
The FEHA allows permits individuals to file a disability discrimination suit if their employer has discriminated against them because of a perceived disability, even if it doesn\u2019t exist. This is not allowed under the ADA. Overall, disabled individuals will find it is much easier to gain protection under the FEHA than it is under the ADA.<\/p>\n
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Employees in California are protected by both the ADA and the Fair Employment and Housing Act, which is a state law. The FEHA offers discrimination protection to a much broader range of disabled employees than the ADA does. The ADA does not allow you to file a disability discrimination suit unless your disability \u201csubstantially\u201d limits a major life activity. On the other hand, the FEHA only requires that your disability limits a major life activity, regardless of the extent of the limitation.<\/p>\n
If you are a victim of disability discrimination in the workplace, reach out to the employment law attorneys at Shegerian Conniff. Our experienced team will help you seek the justice you deserve.<\/p>\n
Under the ADA, employers are also required to make accommodations for disabled employees as long as they are considered reasonable. Examples of these accommodations may include installing a wheelchair ramp for a handicapped employee or allowing an employee with cancer to take time off of work to receive medical treatment. It is important to note employers are under no obligation to make an accommodation unless the disabled employee requests it.<\/p>\n
Employers must make these accommodations unless they can prove doing so would cause an undue hardship on the business. For example, an employer could say installing a wheelchair ramp would put an undue hardship on the business if they can prove they do not have the financial resources to make this accommodation.<\/p>\n
Some examples of disability discrimination include:<\/p>\n