Discrimination Laws Regarding People With Disabilities
Ensuring Equal Access for People with Disabilities
The California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act are state laws that protect people from discrimination based on disability. The laws also require employers, housing providers and business establishments to make reasonable accommodations so that people with disabilities can perform their jobs, have equal housing opportunities, and, have equal access to businesses and services.
In California disabilities are broadly defined as conditions that limit a major life activity, including physical and mental disabilities, as well as medical conditions such as cancer or HIV/AIDS. California definitions and protections can be broader than protections under federal law.
Employing People with Disabilities
Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because she has a disability. It is also unlawful to treat a qualified employee or applicant less favorably because of a history of disability, because of the employer’s belief that the individual may have a disability, or because of the individual’s relationship with a person with a disability.
The law also requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).
Other guidelines include:
- Employers must evaluate job applicants regardless of their actual or perceived disabilities. They can’t ask about the nature or severity of disabilities nor can they require an applicant to take medical or psychological exams that aren’t routinely given to other prospective hires.
- Employers may ask an applicant about his/her ability to perform job-related functions and respond to a request for a reasonable accommodation.
- Employers may (but do not have to) ask for medical certification of an employee’s or applicant’s need for reasonable accommodation.
- If there is a question of what accommodation is possible or whether it will allow an employee or applicant to do the job, employers are required to engage in a timely, good faith interactive process with the person who needs support to do a job or his or her representative. This process can clarify what job functions are essential, what accommodations are possible, and whether accommodating an employee with disability will be an “undue hardship” to the business operation.
Equal Services, Housing for People with Disabilities
All California retail establishments, restaurants, hospitals, hotels and other public places and transportation must offer people with disabilities the same service and facilities as the general public. This includes acceptance of service animals.
People with disabilities are also protected when they seek housing. State law prohibits discrimination by sellers, landlords and those who provide housing-related services.
- Housing policies, practices, terms and conditions must allow people with disabilities equal access to apartments, houses, condos and other dwellings.
- Where necessary, reasonable accommodations in housing rules, policies, practices, or services are required to allow people with disabilities equal opportunity to use and enjoy dwellings.
- People with disabilities must be allowed, at their own expense, to make reasonable modifications to their dwelling to allow them equal access and enjoyment.