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Smith Law

Medical and Disability Discrimination

Employees with physical disabilities, mental health conditions, injuries, illnesses, or other medical conditions may have important protections in the workplace. Disability discrimination may occur when an employer treats an employee unfairly because of an actual disability, a perceived disability, or a history of a medical condition.

It may include refusing to discuss accommodations, denying modified duties or scheduling changes, forcing an employee onto leave unnecessarily, disclosing private medical information, issuing unfair discipline related to a medical limitation, or terminating an employee after an accommodation or medical leave request.

Under California law, employers with five or more employees generally must provide reasonable accommodations to qualified individuals with physical or mental disabilities unless doing so would create an undue hardship. A reasonable accommodation may involve changes to workplace practices, schedules, duties, equipment, or leave arrangements.

Smith Law represents employees who believe their medical condition was used against them or that their employer failed to properly consider an accommodation.

A medical condition should not automatically cost you your job. Contact Smith Law to discuss what happened.

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Frequently Asked Questions

FEHA defines disability broadly, covering physical and mental conditions that limit a major life activity,
including many conditions that would not qualify as a disability under federal law. Chronic illnesses, mental
health conditions, and temporary impairments can all be covered.

A reasonable accommodation is a change to your job or work environment that allows you to perform your
essential duties, such as modified schedules, assistive equipment, additional leave, or reassignment to a vacant
position.

When you request an accommodation, your employer is legally required to engage in a timely, good-faith
conversation with you to identify an effective accommodation. Failing to engage in this process can itself be a
violation of FEHA.

Generally no. Depending on your employer's size and your eligibility, you may be protected under the California
Family Rights Act (CFRA), the federal FMLA, or FEHA's reasonable accommodation requirements, which can
include leave as an accommodation.

You generally have three years from the date of the discriminatory act to file a complaint with the California Civil
Rights Department (CRD).