Disability and Accommodation: California’s Fair Employment and Housing Act

According to the U.S. Census Bureau Americans with Disabilities 2010 Report, there are 56.7M people living with a disability in the United States, or nearly 1 in 5 Americans. With such a large number, it is likely that your workplace encounters applicants and employees with some form of a disability.

Employer Responsibilities

If you employ five or more employees then you are considered a covered employer under the FEHA, which means that you cannot discriminate or harass an applicant or employee for an actual or perceived disability. It also requires that you reasonably accommodate unless you can show that to do so would cause an undue hardship. Reasonable accommodation requires a timely, good faith, individualized interactive process between you and the employee, applicant or the individual’s representative. This process involves exploring options for allowing the applicant or employee to perform the essential functions of the job.

Sample Prohibited Employment Inquiries:

• Medical or psychological examination or questions
• Asking about mental or physical disability or medical conditions
• Probing into the nature and severity of a mental or physical disability or medical condition
• Questions related to workers’ compensation claims
• Attendance questions that lead to disclosure of medical leaves

• Modified work schedule
• Job restructuring
• Providing a leave of absence or time off for medical treatment
• Adjusting or relocating a work area
• Allowing employee to work from home

Applicant/employee protections under FEHA are separate and in addition to the rights and responsibilities that employees may be entitled to under the California Family Rights Act, Family Medical Leave Act and Workers’ Compensation laws.

Sierra HR Partners is available to answer any questions.