Disabilities do not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania or impairment from the unlawful use of controlled substances. Employers may (but do not have to) ask for medical certification of an employee’s need for a reasonable accommodation.
The law requires an employer to provide “reasonable accommodations” to an employee applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”). California employers are also required to engage in a dialogue with a disabled employee to find ways to accommodate his/her disability in the workplace so that the employee can continue performing his/her job (called a “reasonable accommodation”). This may include:
Disability discrimination occurs when an employer treats an employee unfavorably because he/she has a disability. It is also unlawful to treat an employee less favorably because of the individual’s relationship with a person who has a disability.
If you believe that you have been subjected to disability discrimination or your employer has refused to provide you with a disability-related accommodation, contact Loh Legal for a confidential consultation.