Under the California
Fair Employment and Housing Act, a victim of disability
discrimination in the workplace may sue her employer in a
California State Superior
Court after obtaining a
right-to-sue notice from the California
Department of Fair Employment and
Housing. However, employers may terminate or refuse employment
to individuals who are unable to perform their essential duties with
reasonable accommodations
or who would be a danger to themselves or coworkers.
An
employer may inquire into a job applicant's ability to perform
job-related functions. An employer may request information regarding
an applicant's physical fitness, medical condition and medical
history if related to job duties or health and safety at work. After
a job offer is made, the employer may require the employee to answer
medical or psychological inquiries and submit to medical or
psychological examination if the employer similarly requires its
other employees to do so and the examination relates to job duties.
Preemployment medical examination results and inquiry answers must
be kept confidential.
An employer may not ask an applicant for employer whether he is
disabled, whether he had been treated for any diseases or conditions
(unless job related) or whether he has ever received workers'
compensation.
To obtain a
right-to-sue notice, a person must make a complaint to the
California Department of Fair
Employment and Housing within one year of the discriminatory
act. The discrimination victim may either request that the
Department investigate the complaint or issue an immediate
right-to-sue notice. Such notices may be obtained online through
this link.
While a victim of disability discrimination may sue his employer, he
may not sue an individual supervisor or coworker for the
discrimination.
An employer may defend against a "disability discrimination" claim
with proof that it denied a job to a disabled person because of a
"bona fide occupational qualification" (BFOQ),
a
practice that on its face excludes an entire class or group of
persons. It may also defend such a claim that
denying/terminating employment was a business necessity or a threat
to health and safety.
