Disability Discrimination Attorney

California FEHA defines disability more broadly than the federal ADA: any physical or mental condition that limits a major life activity. New York similarly uses a broad definition under the Human Rights Law. Both states cover a wider range of conditions than the ADA, including conditions that are episodic or in remission, and do not require the condition to "substantially" limit a life activity.

California law requires employers to engage in a timely, good-faith interactive process when an employee requests a reasonable accommodation. This means discussing the employee's limitations, exploring possible accommodations, and implementing an effective accommodation. Failure to engage in this process is an independent FEHA violation, even if no accommodation was ultimately needed.

No. Under the ADA, FEHA, and New York Human Rights Law, employers cannot terminate employees because of a disability if the employee can perform essential job functions with or without reasonable accommodation. Employers must first consider whether a reasonable accommodation would enable the employee to perform the job before taking adverse action.

Common accommodations include modified work schedules, remote work options, ergonomic equipment, job restructuring, reassignment to a vacant position, extended leave, assistive technology, and modified training. The accommodation must be effective and does not have to be the employee's preferred option, but must adequately address the limitation.