The Rutten Law Firm, APC

The Rutten Law Firm, APC employment law attorneys

Call Today: 818-308-5945

Standing Strong For Employee Rights

Begin A Consultation

Disability Discrimination Archives

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 words, if it doesn't pose an undue hardship on the employer, then the employee must be allowed sufficient time to recover and return to work, with or without further accommodations.

Employers cannot insist employees be 100% healed before returning to work

Say you had a medical issue or injury, work-related or not. At some point, you may have reached out to your employer about working with some restrictions. Your supervisor might believe that certain restrictions will prevent you from performing the job as needed, emails HR and indicates an inability to accommodate the restrictions. It is then communicated to you that the you cannot work until you are fully recoverd, or 100% healed. This position by the employer would be a failure to engage in the interactive process to determine reasonable accommodations for your disability.

Employer: "Oops, your injury messed with my metrics!"

Anyone working in a corporate environment knows that big business is all about metrics designed to make shareholders more money. Nothing truly evil with that, it's capitalism and hence our economic system.

Employers Must Have A Protocol For Workplace Injuries

Depending on the size of an employer's business, there should be a procedure to follow when an employee gets hurt at work. Often, employees and employers alike are confused about the steps to take when an employee is injured.

Court's Hold Obesity Can be a Disability Under California Law

Under the Fair Employment and Housing Act (FEHA), an employer cannot discriminate against an employee because of a "physical disability." Gov. Code, § 12940(a). In addition to making it illegal to discriminate based on disability, the FEHA makes it unlawful "to fail to make reasonable accommodation for the known physical . . . disability of an . . . employee." Gov. Code, § 12940(m)(1). Finally, the FEHA prohibits an employer from harassing an employee "because of . . . physical disability." Gov. Code § 12940(j)(1).

Does an employer have to accommodate an employee's disability?

Often times a temporarily disabled employee can take a medical leave and return to work without any restrictions. If the employee and employer meet certain criteria, the employee will be protected from retaliation or discrimination and legally entitled to return to his or her job. Other times, however, an individual's disability requires more continued attention. Under these circumstances an employee may be entitled to a reasonable accommodation.

Can an employee be fired while on disability leave?

California provides broad protection to employees who are disabled. 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 employee while he or she is on a disability leave.

A Brief Overview of Employment Law in California

Numerous federal and state statutes protect equal opportunity in the workplace. The analysis applicable under most of these laws derives from Title VII of the Civil Rights Act of 1964. California's Fair Employment and Housing Act (FEHA) generally follows this federal law, but features some slight variations that are often advantageous to plaintiffs.

Associational Disability Discrimination in the Workplace

Workplace discrimination can occur in numerous forms. Federal and state laws not only prohibit an employer from taking adverse action against an employee due to that employee's protected characteristics (such as race, religion, national origin, or disability status), they also forbid employers from discriminating against employees on the basis of the protected characteristics of those with whom they closely associate.

A Disabled Employee's Right to Reasonable Accommodations in California

It is illegal under both California and federal law for an employer to terminate or take other adverse employment action against an employee because that employee is disabled. In order to prevail on a wrongful termination claim for disability discrimination, however, a disabled employee who has been fired needs to prove not only that he has a disability, but also that he can still perform the essential functions of his job with or without reasonable accommodation.

Email Us For a Response

Do You Have A Question
About Your Case?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Rutten Law Firm, APC

The Rutten Law Firm, APC employment law attorneys

Do you need help from an experienced attorney?

Contact us right now to schedule your consultation.

The Rutten Law Firm, APC
4221 Coldwater Canyon Avenue
Studio City, CA 91604

Phone: 818-308-5945
Studio City Office Location

Review Us