The California Fair Employment and Housing Act (FEHA) is the primary law that provides employees with protection from discrimination, retaliation, and harassment in employment. All employment provisions of the FEHA anti-discrimination provisions apply to all employers...
Disability Discrimination
Can an employee be fired while on leave to care for a family member’s medical condition?
The short answer is no, but to fully understand California’s leave laws, we must first look at California Family Rights Act (CFRA) and the Federal Family Medical Leave Act (FMLA). Despite the two covering similar issues, there are key differences. California Family...
Wrongful Termination Due to Mental Disability
It is unlawful for a California employer to discriminate refuse employment to or to terminate an employee on the basis of a mental or physical disability or medical condition. Other discriminatory practices include demotion, refusing to train a prospective employee...
Can an employer in California refuse to hire someone with a disability?
In most cases, it is unlawful in California for an employer to discriminate against an applicant because of his or her physical or mental disability. Employment discrimination based on a real or perceived disability is a violation of California state and federal law....
The types of leaves protected under FMLA and CFRA
The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide protections for employees that may need to take a leave of absence from work. The FMLA is a federal law that ensures an eligible employee’s ability to take a leave of absence for an...
Disclosing an invisible disability at work: What to do, when to do it, and what to watch
Your condition didn’t come on overnight, and you didn’t have it when you first started working for your employer. For a long while, you were able to manage your health problem well with medication alone without it affecting your ability to work. Now, things have...
Reasonable accommodations are key for disabled employees
You have always known that your employer treated employees with disabilities a little differently in your workplace, but you never expected to be the one dealing with those issues. You broke your leg on an outing, and when you returned to work, your employer was not...
Wrongful Termination And Employment Cases Resulting From The COVID-19 Pandemic
It is illegal to discriminate against pregnant or disabled employees, even if the employer believes it is protecting these workers. If you have been the victim of a wrongful termination related to COVID-19, consult an employment law attorney without delay.
Can an employee be fired while on disability leave?
California provides broad protection to employees with a physical or mental disability. Sometimes an individual's disability necessitates a temporary leave of absence. If the employee and employer meet certain criteria, the employer is not permitted to fire the...
Can an employer terminate an injured or disabled employee because their 12 weeks of FMLA leave expired?
The short answer is, "no." An employee cannot terminate a disabled or injured employee just because their FMLA leave expires. At that point, the question becomes whether continuation of the leave beyond 12 weeks is a reasonable accommodation for a disability. In other...