Employee Rights Under FEHA

California has robust employment laws protecting workers from disability discrimination in the workplace. Under the Fair Employment and Housing Act (FEHA), employees have powerful rights to challenge wrongful termination, failure to accommodate, or other forms of workplace discrimination based on a physical or mental disability.

Under the Fair Employment and Housing Act (“FEHA”), an employer cannot “refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment” because of the employee’s mental or physical disability.  See Cal. Gov. Code § 12940(a).

Mental disabilities include the following:

Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. Cal. Gov’t Code § 12926(j)(1).

Physical disabilities include:

Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that …. Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. Cal. Gov’t Code § 12926(m)

For an employee to establish a mental or physical disability, the disability must limit a major life activity, which “makes the achievement of the major life activity difficult.”  Cal. Gov’t Code § 12926(j), (m).

A workplace discrimination lawyer at Erkel Law, P.C. can help you determine if you are suffering from a physical or mental disability.

Interactive Process and Reasonable Accommodation

Under California employment law, employers must engage in the interactive process and provide a reasonable accommodation when an employee has a disability. Failing to do so can amount to disability discrimination under FEHA or even a wrongful termination claim.

If the employer becomes aware of an employee’s disability, the employer is required to engage in an “interactive process,” that is, a process by which the employer makes a good faith effort to “determine [an] effective reasonable accommodation[], if any,” for the employee.   See Cal. Gov. Code § 12940(n).

Indeed, the regulations make clear that “An employer or other covered entity has an affirmative duty to make reasonable accommodation(s) for the disability of any individual applicant or employee if the employer or other covered entity knows of the disability, unless the employer or other covered entity can demonstrate, after engaging in the interactive process, that the accommodation would impose an undue hardship.”  Cal. Code Regs. Tit. 2, § 11068(a).

Reasonable accommodations can include, without limitations:

• Finding an employee a vacant position;
• Providing paid or unpaid leaves of absence;
• Providing the employee with employment tools to help better facilitate productive work; or
• Having your manager provide feedback in writing.

Erkel Law, P.C. has successfully prosecuted claims against employers for failing to provide an employee with a reasonable accommodation or failing to engage in the interactive process.

What Evidence Should An Employee Gather To Establish Discrimination?

Employees pursuing a FEHA discrimination claim should document every instance of retaliation, failure to accommodate, or wrongful termination. Keeping detailed records helps your employment attorney build a strong case under California disability discrimination laws.

It is also especially important that the employee provide the employer with doctor’s notes and medical requests for leaves of absence.  The strongest cases are ones that are well-documented and where the legal violations are clearly stated.  A lawyer can walk you through the evidence and documentation needed to prosecute a strong retaliation claim.

What Damages Can An Employee Recover in a Retaliation Lawsuit?

When you file a disability discrimination lawsuit in California, FEHA allows you to seek lost wages, emotional distress, and punitive damages. These remedies are designed to restore fairness and deter future workplace discrimination.

Talk to Our Attorney About Your Discrimination Case

If you believe you’ve been fired, harassed, or denied accommodation because of a disability, contact a disability discrimination lawyer at Erkel Law, P.C. Our California employment law firm helps employees file FEHA claims, pursue justice, and protect their workplace rights.