Disability and Medical Condition Discrimination

         It is illegal under both the federal  Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) to discriminate on the basis of disability or medical condition in the "terms or conditions of employment". This could include salary, benefits, hours, vacations, promotions hiring, firing or other conditions.
        It is illegal for an employer to discriminate against a "qualified" individual with a disability. For the employee to be eligible under the ADA or FEHA, they must first be a "qualified individual with a disability." They must be physically able to do the job and their disability must "substantially limit one or more major life activities." A mere annoyance or hindrance is not enough. The disability must interfere with a person's physical abilities and ability to earn a living. Even if the disability doesn't affect most areas of life, but affects the person's employment or their ability to work, it may be sufficient.
         If the person can do the job, then the employer must consider whether or not a "reasonable accommodation" can be made. This is when the employer modifies the job duties, provides an assistant, or takes some other special measures to enable the person to do the job. Employees must usually ask for a reasonable accommodation. When they do, the employer must consider the requests, and if reasonable, accommodate the employees special needs in most cases.
        If an employee who has a medical condition, such as a work injury or other injury which is not a permanent disability, they are also protected under the law from discrimination for their condition. Specific conditions apply and you should contact us for more information.

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  DISCLAIMER: The materials on this Internet site have been prepared by the Law Offices of Michael L. Carver for informational purposes only and should not be considered legal advice or legal services. Your use of this Website does not create an attorney-client relationship between Michael L. Carver and you. You should not act upon any information provided over the Internet without seeking professional legal advice. This website should not be viewed as an offer to perform legal services in any jurisdiction.  The law referenced in this site is applicable in California only. The name of the lawyer responsible for this website is Michael L. Carver. Copyright © 1999-2000  Michael L. Carver. All rights reserved. Revision date 02/16/00

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