Why Choose Zakay Law Group?
The Right Firm Makes a Difference
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Aggressive Representation for California EmployeesWe are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
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Proven Track Record of SuccessOur team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
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Free Consultations AvailableAt Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
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Personalized Service, Powerful ResultsAs a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.
What Constitutes a Disability Under California Law?
Under California law, the definition of disability is broad. The Fair Employment and Housing Act (FEHA) protects individuals with physical or mental impairments that limit one or more major life activities, regardless of whether the condition is temporary or chronic.
This definition extends beyond federal standards, covering conditions such as debilitating illnesses, psychological disorders, and even perceived disabilities. The law also safeguards those with a record of disability or those who are regarded as disabled by their employer, ensuring diverse protection and inclusion within the state’s workforce.
An important aspect of understanding disability in California is recognizing the state’s proactive stance in promoting inclusivity. By prioritizing a broader spectrum of conditions, California ensures that individuals facing temporary impairments receive legal protection, encouraging more comprehensive responses from employers regarding necessary accommodations.
Additionally, California law requires that employers actively engage in an interactive process with disabled employees to identify appropriate accommodations. This mandatory dialogue ensures that the employee's needs are accurately assessed and adequately addressed, fostering a more inclusive work culture and promoting retention of a diverse workforce.
Examples of physical disabilities include:
- Mobility impairments: Conditions affecting movement, such as paralysis, amputation, or severe arthritis.
- Chronic illnesses: Diseases like cancer, diabetes, HIV/AIDS, and multiple sclerosis.
- Sensory impairments: Vision or hearing impairments, including blindness or deafness.
- Respiratory conditions: Asthma or chronic obstructive pulmonary disease (COPD).
- Neurological disorders: Epilepsy or cerebral palsy.
Examples of mental disabilities can include:
- Depression: Clinical depression that significantly affects daily functioning.
- Anxiety disorders: Conditions like generalized anxiety disorder, panic disorder, or PTSD.
- Bipolar disorder: A mental health condition characterized by extreme mood swings.
- Learning disabilities: Dyslexia or other conditions that impact learning and cognitive functions.
Reasonable Accommodations Under California Employment Law
Under the California Fair Employment and Housing Act (FEHA), employers must provide "reasonable accommodations" to employees with disabilities to enable them to perform their job duties unless doing so would cause undue hardship to the employer.
Reasonable accommodations are modifications or adjustments to a job, work environment, or how things are usually done that enable a disabled individual to have equal employment opportunities.
Examples of reasonable accommodations can include:
- Modifying work schedules: Allowing flexible hours or part-time work.
- Physical modifications: Installing ramps, modifying workstations, or providing accessible restrooms.
- Assistive technology: Screen readers, voice recognition software, or other assistive devices.
- Job restructuring: Reallocating or redistributing non-essential job functions.
- Leave of absence: Granting additional unpaid leave for medical treatment or recovery.
Employers must engage in a timely, good-faith interactive process with the employee to determine adequate accommodations. However, they are not required to provide accommodations that would be significantly difficult or expensive relative to the company’s size, nature, or resources.
In addition to providing reasonable accommodations, employers should ensure workplace policies support inclusivity. Encouraging awareness and understanding of disability-related issues among staff can create a more supportive environment. This proactive approach can prevent discrimination cases, improve employee morale, and foster innovation by leveraging diverse perspectives.