Unpaid leave of absence An employee with a disability might need a leave of absence for medical treatments or procedures or to recover from illness related to the disability. Time away for treatment or therapy An employee under treatment might need periodic time away from work to attend appointments. Modified work schedule An employee who takes medications causing grogginess might need a later or flexible schedule. Part-time work schedule An employee with a condition causing fatigue or disrupted sleep might need a part-time schedule. An employee who hears voices or is sensitive to distractions might need headphones. Equipment or devices An employee with carpal tunnel syndrome might need a different keyboard or telephone headset, or voice recognition software. An employee with PTSD might need dividers or a more private workspace to reduce distractions. The accommodation, however, may not be unduly costly or disruptive for the employer ( undue hardship).Įxamples of possible reasonable accommodations include: Modification of facilities An employee who uses a wheelchair might need a higher desk or a clear path of travel. Whether a particular accommodation request is reasonable depends upon the situation and type of job. A reasonable accommodation does not change the essential functions of the job. Reasonable accommodations are adjustments or modifications made to a job or workplace to enable an employee or job applicant to successfully perform the basic duties of a position. Qualified applicants cannot be rejected on the basis of their disabilities, and may obtain reasonable accommodation during the hiring process. Persons with disabilities may request and obtain reasonable accommodations to enable them to perform their jobs. Qualified disabled employees must be able to perform the essential functions of their jobs with or without reasonable accommodations. This means that if you have a disability and can do the basic duties of the job, you cannot be harassed, demoted, terminated, paid less, or treated more poorly because of your disability. The FEHA bars discrimination by employers with five or more employees. Under the ADA, employers with fifteen or more employees cannot discriminate against qualified individuals with disabilities. What are my rights if I have a disability? In addition, the FEHA protects persons who are not currently disabled, but who may become disabled in the future. Also protected are persons with a record or history of a disability. The ADA and the FEHA also protect people who are regarded or treated as having a disability, or who are discriminated against based on impairment, even if they do not have a disability. What if my condition is episodic or is currently in remission?Ī condition which is episodic or in remission is considered a “disability” if it would be substantially limiting (or limiting in California) in its active phase. This means that people with physical or mental conditions who are currently stable due to medications or treatment are still protected. What if my condition is stabilized with medication or I use a prosthetic device?Īn employee’s disability is considered without regard to “mitigating measures” such as medication, prosthetics, assistive technology, or other devices or strategies used to mitigate the effects of the condition. An impairment may be substantially limiting if it restricts an individual’s ability to perform a major life activity compared to most people. Major life activities also include bodily functions, such as normal cell growth, or the functioning of the respiratory, circulatory, cardiovascular, endocrine, immune, and digestive systems.Īn impairment limits a major life activity if it makes achieving the activity more difficult. Major life activities are basic functions and may include: seeing, sleeping, learning, hearing, breathing, thinking, speaking, concentrating, reproduction, performing manual tasks, walking, interacting with others, sexual relations, caring for oneself, standing, reading, and working. Mental disabilities may include conditions such as: Physical disabilities may include conditions such as: A person with a physical or mental impairment that limits a major life activity is “disabled” and protected by the FEHA. Who is protected by the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA)?Ī person with a physical or mental impairment that substantially limits a major life activity is “disabled” and protected by the ADA.
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