Wrongful termination of employment due to an employee’s mental or physical disability, health, or medical condition is prohibited in California.
If you have been unlawfully terminated because of the above conditions, you can recover lost wages and be compensated.
Employment in the state of California is at will. This means an employer can generally terminate employment at any time and for any reason. However, an employer may not violate statutes or contracts by terminating employment. When an employer fires someone because of a disability or disability discrimination complaint or for retaliatory purposes related to a disabled worker who is engaged in a disability-related protected activity, the disabled worker may file a complaint. Claim for unfair dismissal.
Both the federal Americans with Disabilities Act (ADA) and California law prohibit discrimination based on disability, but California is generally more pro-employee. Under the California Fair Employment and Housing Act (FEHA), it is illegal to fire an employee due to a physical/mental disability or medical condition. These disabilities include situations where you are perceived to have a disability or medical condition, even if you do not have a disability. For example, if your employer fires you because your cerebral palsy puts off customers, it is likely a wrongful termination.
You must tell your employer if you have a disability that affects his ability to do his job, assuming the ADA or FEHA covers the employer. Both laws require employers to provide employees with disabilities with reasonable accommodations, which are alterations to the work environment, structure, job duties, or policies that allow a qualified worker with a disability to perform a job.
The employee must request reasonable accommodations, and it is a violation of the law for your employer not to make a good-faith commitment with you to propose a reasonable accommodation that will allow you to do your job unless you provide a compromise. It is too difficult. Although you may not get the unique accommodation you want, it is illegal for your employer to fire you for requesting the accommodation.
