Using FEHA as Defense against Your Discriminating Boss

Image Source: http://www.careerealism.com

Disability discrimination in the workplace is against the provisions of the California’s Fair Employment and Housing Act (FEHA). Under this state law, employers with five or more employees in a year are prohibited to discriminate against and harass employees and applicants based on their physical or mental disabilities.

To begin with, FEHA was enacted in California to protect the interests and the rights of employee and applicants from discriminatory actions of employers. Furthermore, this law pushes for equal opportunity to all Californian workers.

Under FEHA, it is unlawful for covered employees to:

• Terminate an employee because of his or her disability

• Demote an employee because of his or her disability

• Take away an employee’s benefits because he or she is disabled

• Deprive an employee with just wage because he or she is disabled

• Deny a job-qualified applicant’s employment because of his or her disability

• Deny a disabled employee with reasonable accommodation

Los Angeles employees and applicants who were discriminated in their employment because of their disability are advised to file a complaint with the Department of Fair Employment and Housing (DFEH). This California government agency is mandated to investigate and mediate disability discrimination cases in the state.

Also, discriminated individuals may file a complaint with the Equal Employment Opportunity Commission (EEOC). This federal agency provides protection to job-qualified employees and applicants with either physical or mental disabilities. Like DFEH, the EEOC has the faculty to investigate and mediate disability discrimination complaints. Also, it can represent disability discrimination victims in pursuing their case in court.

Accordingly, disability discrimination victims are also advised to consult with a Los Angeles labor attorney to know the legal actions they should take. Additionally, a lawyer can assist them in claiming for damages from the employer who discriminated against or harassed them.