Disability Rights Lawyer in California

Employing People with Disabilities

Disability discrimination happens when an employer treats an eligible employee or an applicant unfavorably because of a disability. It is unlawful to consider an eligible worker or candidate less favorably because of a history of disability, because of the employer’s assumption that the individual may have a disability, or because of the individual’s relationship with a person with disability.

The law also requires businesses to provide an employee or a job applicant with a disability with reasonable accommodation, unless this would cause extreme difficulties or cost to the employer (‘undue hardship’).

Additional guidelines include:

  • Employers can (but do not have to) request medical certification of the need for appropriate reasonable accommodation for an employee or applicant.
  • Employers must assess candidates for jobs regardless of their real or perceived disability. Employers cannot inquire about the type or seriousness of the disability, and nor would they ask the applicant to take medical or psychological assessments that are not regularly offered to other prospective hires.
  • Employers may ask the applicant about his or her ability to perform work-related functions and respond to a request for reasonable accommodation.
  • Where a question arises as to what accommodation is possible or whether it would enable an employee or an applicant to do a job, employers are required to engage in a timely, good faith, interactive process with the person in need of assistance to do a job or with his or her representative. This process will explain what job functions are necessary, what accommodation is possible, and whether it would be an “undue hardship” to accommodate a disabled person in a business operation.

Disability Rights Lawyer

The Center for Disability Access (CDA — a division of Potter Handy, LLP) has represented hundreds of persons with disabilities who have been discriminated against on the basis of their disability.

We have been litigating disability access cases since 1996. Providing legal service statewide in California.

If you have a question about your rights, please do not hesitate to ask. You have the right to force facilities to provide access as required by law and you are entitled to damages if the facility does not meet those requirements. Call (415) 534-1911, Email info@potterhandy.com, or contact us using the website form.

*Learn more about reasonable accommodation

Read: Westlaw legal definitions – Reasonable Accommodation