What is considered as a ‘disability’ under the law?
No employer is allowed to discriminate against employees for their disabilities. To receive protection under the Californian law, an employee must suffer from a physical disability, a mental disability or a medical condition.
A physical disability
This is the most common type of disability in the workplace. It can be that any major bodily system is affected like seeing or hearing. You can have a skin condition or a speech impediment. It can also be that there is a cosmetic disfigurement, the loss of a limb or a physiological disease or disorder.
A medical condition
This can be any genetic characteristic associated with a disease or a health impairment, say, because of cancer. The employee might not even be showing or experiencing symptoms. Still, there must be no discrimination.
A mental disability is anything that limits a major life activity. It can be a mental illness, learning disabilities, autism, clinical depression, an obsessive-compulsive disorder and more.
This is not protected
A mild and temporary disability with little or no long-term effects is not protected under law.
Examples include sprains, non-migraine headaches, and minor gastrointestinal disorders. Additionally, behavioral problems such as gambling, unlawful substance abuse, and sexual behavior disorders are not seen as disabilities.
Are you unsure if your condition qualifies as a disability under the law? Call KJT Law Group. We have experienced employment attorneys that can discuss your situation in depth with you.
Discriminated against – what can I do?
A lawsuit can be filed against your employer for unlawful discrimination. Usually, a complaint has to be filed with the ‘California Department of Fair Employment and Housing’ or ‘The Equal Employment Opportunity Commission’ first. They will provide you with a ‘right to sue’ notice if all the relevant avenues for mediation and settlement have been exhausted. After this, your case can be taken to court.
There is no need to feel overwhelmed. We have vast experience in this field and we can help.
Reach out to schedule a free consultation with us today. (818)507-8525; info@KJTLawGroup.com.