New Disability Discrimination Regulations Adopted for California FEHA

The California Fair Employment Housing Act, the state’s chief anti-discrimination law, has adopted new disability discrimination regulations after public comment was finalized earlier this year. Here, the definition of disability is now broadly interpreted freely under the FEHA.

 

Disability Discrimination in the Workplace is Prohibited

Credits: Guardian.co.uk

 

Moreover, the FEHA Commission has also urged that any disability discrimination cases filed with the Department of Fair Employment and Housing (DFEH) should focus on whether employers have provided reasonable accommodations to employees with disabilities, as well as whether both parties have met their obligations via an “interactive process,” and whether there is an event or episode of discrimination.

 

Also, the Commission also argued that when an employee meets the definition of disability under the FEHA, he or she must not undergo “extensive analysis” in order to prove the existence of a physical or mental condition. In many cases, the status of the employee as a person with disability is obvious right at the onset.

 

One of the highlights of the FEHA amendments regarding disability discrimination cases is on the “interactive process.” Here, it is the California employer’s obligation to engage in the interactive process with the disabled applicant or employee, especially when a request for accommodation is made, or when a disabled employee uses a leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).

 

Such amendments in the definition of disability were included in the FEHA, with language and concepts adopted from the federal Americans with Disabilities Act (ADA), making sure that the principles stated in the latter are not conflicting with that of the FEHA. But then, despite the broader definition of disability, additions to the FEHA provisions would cause confusion, and, more importantly, subsequent employment cases.

 

In any case, it is important for the disabled employee to consult or seek legal advice from a top employment and labor lawyer, especially when there is an issue of disability discrimination or any Los Angeles workplace discrimination.

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Understanding “Administrative Exhaustion” Regarding Filing a Discrimination Claim in California

Understanding “Administrative Exhaustion” Regarding Filing a Discrimination Claim in California

Discrimination has been a major predicament in most employment places in California. Despite the presence and implementation of various California labor laws; this type of employment-related claim is still evident.

In California, employees who wish to file legal charges regarding discrimination cannot do so until they first file “charges” with the federal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) and acquire “right to sue” letters. This process is called “administrative exhaustion.”

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Terms and Conditions of Employment Discrimination Laws

Terms and Conditions of Employment Discrimination Laws

Employment discrimination has been accounted as one of the many employment-related issues that several attorneys in California have been dealing with. California labor laws were then created so as to safeguard the interests and well-being of employees. Such laws were also intended to conserve their legal rights.

In most cases, employment discrimination happens because of the wrongful acts of some members of a company. With this, both parties (employees and employers) have to know the following terms and conditions of the laws regarding employment discrimination.

  1. Any employee from a different country must be allowed to talk in their native language until the job needs the use of English. Prohibiting the use of foreign language at work should be limited not unless the work requires it.
  1. The workplace needs to be free from any form of harassment by the employers. This form of harassment includes hostile work environment and sexual aggravation.
  1. Selection of employees should be done objectively. No selection must be based on color or race; hence, qualifications should be the thing to consider.
  1. Employers are required to conform to the employee’s needs when it comes to taking care of the disabled. User-friendly workplace environment should be established including desks, special chairs, and ramps. This act is expected to aid the disabled employee in performing better in his or her job.
  1. Employers are expected to allow their employee to spend medical or maternity leaves for at least four months.
  1. The discriminated employees may be compensated. This law allows reinstatement, back pay, and attorney fees.
  1. Employers should not retaliate against a complaint or a future criticism by an employee.

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