Disability Discrimination / Accommodation

California law prohibits discrimination based on disability and certain medical conditions (cancer and HIV/AIDS). The law also requires the employer to make "reasonable accommodations" for the known disability of an applicant or employee who can perform the essential functions of his or her job - unless doing so would impose an undue hardship on the employer. A person is considered disabled if he or she:

  • Has a physical or mental impairment that limits one or more major life activities; major life activities include caring for one's self, breathing, walking, thinking, concentrating, reproducing and working; or
  • Has a record of such an impairment; or
  • Is regarded as having or having had such an impairment or condition that has no present disabling effect, but may become a physical disability; or
  • Has any health impairment that requires special education or related services.

California law also prohibits discrimination against employees because of cancer or HIV/AIDS.

California law protects employees with disabilities more broadly than federal law.

Retaliation for Complaining About Discrimination

Retaliation occurs when an employer takes an employment action - such as demotion, failure to promote, or termination - against an employee because he or she made a complaint of harassment or discrimination based on a protected characteristic. California law also prohibits retaliation against an employee for opposing employment practices that an employee reasonably believes exist and believes to be in violation of the Fair Employment & Housing Act.