CALIFORNIA’S FAIR EMPLOYMENT AND HOUSING ACT PROVIDES STRONGER PROTECTION THAN THE FEDERAL AMERICANS WITH DISABILITIES ACT.
If you are a California resident with a disability, you should know that both California and federal law prohibits employment discrimination based on disability. If you think that you may have been a victim of disability discrimination, you are not alone. The Equal Employment and Opportunity Commission (EEOC) has received numerous disability discrimination allegations each year. In 2008 alone, the EEOC received over 19,400 allegations of disability discrimination in the workplace.
California’s FEHA act is more protective of workers in three important ways. First, FEHA requires a lower standard for defining someone as “disabled.” Under the ADA, a person is considered disabled if the individual is “substantially” limited in a major life activity. However, under FEHA, an employee is considered disabled if he/she is “limited” in a major life activity. Second, the ADA does not necessarily cover “work” as a major life activity. However, FEHA covers working/employment as a major life activity. Lastly, under the ADA an individual’s disability will be considered in a mitigated state. This means that a person with a vision disability will be evaluated with the “mitigated” state of wearing glasses. However, under FEHA, the individual is evaluated in the unmitigated state.
If you have been a victim of disability discrimination, don’t remain silent. Get help immediately by calling the experienced employment lawyers at Greenberg & Rudman LLP. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you fight for your rights!
