At Greenberg Gross LLP, our Sacramento disability discrimination lawyers represent employees whose disabilities, medical conditions, or accommodation needs have resulted in unlawful treatment at work.
Our attorneys investigate discriminatory employment decisions, failures to reasonably accommodate employees, breakdowns in the interactive process, and retaliation connected to an employee’s exercise of protected rights.
Disability discrimination usually does not involve an employer openly stating that a medical condition influenced its decision. Problems can arise after an employee requests an accommodation, returns with medical restrictions, needs to take leave, or can no longer perform a job in exactly the same way as before.
Our Sacramento disability discrimination attorneys examine what the employer knew, what options it considered, and whether its actions complied with California law.
Start your journey towards justice today by scheduling your free claim consultation
Table of contents
- Why Choose Greenberg Gross LLP for a Disability Discrimination Claim?
- What Is Disability Discrimination in California?
- What Disabilities and Medical Conditions Does California Law Protect?
- What Is a Reasonable Accommodation?
- What Is the Interactive Process?
- What Accommodation Options Did Your Employer Actually Consider?
- Why Do Essential Job Functions Matter in a Disability Case?
- Can Medical Leave Be a Reasonable Accommodation?
- Can an Employer Require Medical Documentation for an Accommodation?
- What Does Disability Discrimination at Work Look Like?
- Can an Employer Require You to Be “100% Healed” Before Returning to Work?
- What If Your Disability or Medical Limitation Is Related to Pregnancy?
- Can Your Employer Retaliate Against You for Requesting an Accommodation?
- What Evidence Can Help Support a Disability Discrimination Claim?
- How Long Do You Have to File a Disability Discrimination Claim in California?
- What Compensation May Be Available in a Sacramento Disability Discrimination Claim?
- Frequently Asked Questions About Sacramento Disability Discrimination Cases
- Speak With the Sacramento Disability Discrimination Lawyers at Greenberg Gross LLP to Learn More
Why Choose Greenberg Gross LLP for a Disability Discrimination Claim?
Disability cases often require more than reviewing the employer’s final accommodation decision. Our attorneys may need to reconstruct communications among the employee, supervisors, Human Resources, leave administrators, and medical providers to understand how that decision was reached.
AT Greenberg Gross LLP, we approach these disputes as Trial Lawyers for High-Stakes Cases. We examine accommodation requests, medical restrictions, job duties, performance records, leave documentation, and internal communications to determine whether an employer fulfilled its obligations or unlawfully allowed an employee’s disability to influence workplace decisions.
When litigation is necessary, our Sacramento employment litigation team develops the factual record needed to challenge unsupported explanations and pursue the remedies available under California law.
What Is Disability Discrimination in California?
Disability discrimination can occur when a covered California employer takes prohibited action against an employee or job applicant because of a protected physical or mental disability or medical condition. California law can also require employers to provide reasonable accommodations and participate in a timely, good-faith interactive process when the applicable requirements are met.
California’s Fair Employment and Housing Act (FEHA) generally prohibits disability discrimination by employers with five or more employees. Federal protections under the Americans with Disabilities Act (ADA) generally apply to employers with 15 or more employees. The FEHA often provides broader disability protections than federal law.
Depending on the circumstances, unlawful employer conduct may include:
- Discriminatory hiring decisions;
- Discriminatory termination or demotion;
- Denial of advancement opportunities;
- Failure to provide a reasonable accommodation;
- Harassment based on a protected characteristic;
- Retaliation for exercising protected rights.
What Disabilities and Medical Conditions Does California Law Protect?
FEHA protects qualifying physical disabilities, mental disabilities, and medical conditions. California’s definitions are broad, and an employee need not be completely unable to work to receive protection.
A diagnosis alone does not decide whether an employment-law violation occurred. We may need to determine how a condition limits the employee, whether the employee can perform the position’s essential functions with or without reasonable accommodation, what the employer knew, and how it responded.
Employers also should not make employment decisions based on unsupported assumptions about what someone with a particular disability can or cannot do.
What Is a Reasonable Accommodation?
A reasonable accommodation is a modification or adjustment that allows a qualified employee with a disability to perform the essential functions of a position or otherwise receive equal employment opportunities.
Depending on the job and the employee’s limitations, accommodations can potentially involve:
- Modified work schedules or workplace procedures;
- Changes to certain nonessential duties;
- Assistive equipment or accessible facilities;
- A leave of absence in qualifying circumstances;
- Reassignment to a vacant position when legally appropriate; or
- Other effective changes suited to the employee’s limitations and job.
An employer does not necessarily have to provide the employee’s preferred accommodation if another effective, reasonable option is available. Employers are also not required to provide accommodations that impose an undue hardship under the applicable legal standard.
If your employer rejected or ignored an accommodation request, call us at (916) 905-5525. Our Sacramento disability discrimination lawyers can evaluate your employer’s response and the protections that may apply.
What Is the Interactive Process?
California law can require an employer to engage in a timely, good-faith interactive process with an employee or applicant to determine whether an effective reasonable accommodation is available.
The interactive process should involve meaningful communication. Rather than simply accepting or rejecting one proposed accommodation, the parties may discuss the employee’s limitations, essential job functions, and possible adjustments that could enable the employee to continue working.
The process can become especially important when an employee’s first requested accommodation is not workable. An employer may need to consider alternatives rather than rejecting the option outright.
Failure to follow the interactive process can create legal issues distinct from other disability discrimination claims. Our attorneys examine not only the employer’s final answer but also how the employer reached it.
What Accommodation Options Did Your Employer Actually Consider?
An employer may tell an employee that a medical restriction “cannot be accommodated.” That conclusion raises another question: What did the employer do before deciding that no workable accommodation existed?
When investigating a disability claim, our Sacramento discrimination attorneys may examine:
- When management or HR learned about the employee’s limitations;
- The information the employer requested;
- Whether the employer discussed possible accommodations with the employee;
- Which alternatives were considered and why they were rejected;
- How the employer identified the position’s essential functions; and
- Whether available positions or other reasonable options were considered.
This analysis can distinguish a genuine accommodation effort from a decision based on assumptions, incomplete information, or an unwillingness to explore alternatives.
Contact Greenberg Gross LLP for a confidential consultation if you need help determining whether your employer genuinely considered reasonable options before taking action against you.
Why Do Essential Job Functions Matter in a Disability Case?
Reasonable accommodation law generally does not require an employer to eliminate a position’s essential functions. Disputes can arise, however, over which duties truly are essential.
A written job description can provide important evidence, but the analysis may extend to how the position actually operates. Attorneys can examine how frequently a task is performed, why the employer considers it essential, whether other employees perform the function, and how the workplace has handled the duty in practice.
This distinction matters when an employer argues that a medical restriction completely prevents an employee from doing the job. The evidence may show that the limitation concerns an essential function—or that the disputed task is less central to the position than the employer claims.
Can Medical Leave Be a Reasonable Accommodation?
Yes, a finite period of medical leave can qualify as a reasonable accommodation under FEHA when the applicable requirements are satisfied.
This issue is distinct from an employee’s entitlement to leave under laws such as the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). The fact that an employee does not qualify for those laws—or has exhausted available statutory leave—does not necessarily end the reasonable accommodation analysis.
At the same time, California law does not require employers to provide unlimited leave with no reasonably foreseeable return to work. The employee’s circumstances, expected duration of leave, essential job functions, and potential hardship to the employer can all affect the analysis.
Can an Employer Require Medical Documentation for an Accommodation?
Employers can request appropriate medical information in circumstances when an employee seeks a disability-related accommodation. The information can help establish that an accommodation is needed and clarify the employee’s functional limitations.
That does not give an employer unrestricted access to an employee’s medical history. Disability-related inquiries and medical information are subject to legal limitations and confidentiality requirements.
When disputes arise, our attorneys can evaluate whether the information requested was appropriate for assessing the accommodation or went beyond what the law permitted.
What Does Disability Discrimination at Work Look Like?
Disability discrimination and related violations can take different forms. Depending on the circumstances, legal concerns may arise when an employer:
- Refuses to consider a reasonable accommodation;
- Terminates or demotes an employee because of disability-related limitations;
- Denies opportunities based on assumptions about the employee’s abilities;
- Fails to participate appropriately in the interactive process;
- Harasses an employee because of a protected disability; or
- Retaliates after an employee requests an accommodation or exercises other protected rights.
An adverse decision involving an employee with a disability is not automatically discriminatory. We must examine the evidence to determine why the employer acted and whether it complied with its accommodation and interactive-process obligations.
Can an Employer Require You to Be “100% Healed” Before Returning to Work?
Blanket return-to-work requirements can raise significant concerns when an employer insists that an employee return with no restrictions rather than conducting an individualized assessment.
An employee does not necessarily have to recover completely before returning to a position. If the employee can perform the essential job functions with a reasonable accommodation, the employer should consider that option rather than automatically excluding anyone with continuing medical restrictions.
The particular job, restrictions, proposed accommodation, and the employer’s circumstances still matter. Our attorneys examine whether the employer evaluated the employee individually or relied on a broad policy that failed to account for its obligations under disability law.
What If Your Disability or Medical Limitation Is Related to Pregnancy?
Pregnancy-related medical conditions can implicate overlapping state and federal protections involving discrimination, accommodation, and leave. Which laws apply depends on the employee’s circumstances and the nature of the limitation.
Employees facing these issues can learn more from our Sacramento pregnancy discrimination lawyers, including how those protections can interact with disability law.
If your employer’s treatment changed after you disclosed a disability, provided medical restrictions, or requested an accommodation, call Greenberg Gross LLP at (916) 905-5525 to discuss what happened and your potential legal options.
Can Your Employer Retaliate Against You for Requesting an Accommodation?
California law prohibits unlawful retaliation against employees for engaging in protected activity under FEHA. Depending on the circumstances, that can include requesting a reasonable accommodation or asserting other disability-related employment rights.
Potential retaliation can involve sudden discipline, reduced responsibilities, undesirable reassignment, negative evaluations, demotion, or termination. When these changes follow an accommodation request, our attorneys examine the timing, who knew about the request, and whether the employer’s stated reason for its actions is consistent with the evidence.
What Evidence Can Help Support a Disability Discrimination Claim?
The most useful evidence often documents the exchange between the employee and employer. Accommodation requests, medical certifications describing work restrictions, HR communications, leave records, performance evaluations, job descriptions, and disciplinary documents can help establish what the employer knew and how it responded.
Evidence showing how the job actually operated can also be important when the parties disagree about essential functions or possible accommodations. Preserve materials you are lawfully entitled to possess, but do not access restricted systems or take confidential employer documents without authorization.
How Long Do You Have to File a Disability Discrimination Claim in California?
Employees pursuing FEHA disability discrimination claims generally must first file an administrative complaint with the California Civil Rights Department (CRD). In most cases, California provides three years from the alleged unlawful practice to begin that administrative process, although certain circumstances can affect the applicable deadline.
After the CRD issues a Right-to-Sue notice, a separate deadline applies to filing a civil action. Claims under the federal ADA also follow separate procedures and time limits.
Employees seeking statewide information about FEHA claims and workplace accommodations can contact our California disability discrimination lawyers for answers.
What Compensation May Be Available in a Sacramento Disability Discrimination Claim?
The remedies available depend on the specific violation and resulting harm. A successful disability discrimination case may provide compensation for lost earnings and benefits, emotional distress, and other legally recoverable losses. Reinstatement or other equitable relief can be appropriate in certain cases.
Punitive damages may also be available when the evidence meets California’s requirements, while attorneys’ fees and litigation costs can be recoverable when authorized by law.
Frequently Asked Questions About Sacramento Disability Discrimination Cases
Can my employer deny the exact accommodation I requested?
Potentially. The law does not necessarily require an employer to provide an employee’s preferred accommodation if another reasonable accommodation is available. The employer still has an obligation to participate in the interactive process and consider workable alternatives.
Do I have to tell my employer my specific diagnosis?
Not necessarily in every situation. An employer may request appropriate medical information regarding an employee’s limitations and need for accommodation, but such inquiries are subject to legal restrictions.
What if I can perform my job except for one task?
Whether accommodation is required may depend on whether the task is an essential function of the position. Our attorneys examine the written job description and how the job operates in practice rather than relying solely on the employer’s characterization.
Start your journey towards justice today by scheduling your free claim consultation
Speak With the Sacramento Disability Discrimination Lawyers at Greenberg Gross LLP to Learn More
Your employer’s statement that it “cannot accommodate” you does not necessarily reveal whether it fulfilled its legal obligations. Critical evidence may show which alternatives were considered, how essential job functions were evaluated, and whether your employer focused on what you could do with a reasonable accommodation.
At Greenberg Gross LLP, we investigate those decisions and prepare disability discrimination claims for high-stakes litigation when legal action is warranted. Call us today at (916) 905-5525 or contact us online to schedule a confidential consultation with our Sacramento disability discrimination lawyers and learn more about your options.