Disability Discrimination

15 Dec Degenerative Diseases: Must An Employer Keep You on Until You Are Unable to Perform the Essential Functions of Your Job?

It is important to note that if you cannot perform the essential functions of your job, even with an accommodation, then the employer does not have an obligation to keep you employed. This is where the accommodation requirement is essential - so that people who have disabilities or degenerative medical conditions will have reasonable accommodations for as long as they can perform the essential functions of their job with the accommodation. If it comes to the point where, despite all of the reasonable accommodations, the employee cannot perform the essential functions of their job, then the employer may not be required to keep them employed. The question of what are essential functions are taken on a case-by-case basis: It’s a fact-intensive inquiry. Ideally, the essential functions will be construed as narrowly as possible, because employers will often argue that there is a whole list of essential functions even though there really are only one or two essential functions. The challenge is to narrow this lists of essential functions so that an employer is not permitted to terminate you because you can’t perform something they claim is an essential function, but is, in fact, objectively not. If you have been discriminated on the basis of your disability by your employer, or future potential disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.  ...

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02 Dec Degenerative or Progressive Conditions: FEHA’s Protection of Employees from Future Discrimination

The FEHA prohibits discrimination of physical or mental disabilities that actually exist, or that they believe to exist, even though it doesn’t actually exist. It is also unlawful for an employer to discriminate against an employee who doesn’t currently have a disability but may have a disabling condition sometime in the future. For instance, if an employee has HIV, but not AIDS, they may not presently have any limits on their major life activities. But, if the employer knows that at some point in the future they could become disabled by AIDS, then they might discriminate against that employee. The FEHA clearly prohibits that. Similarly, if someone has some kind of congenital heart disorder, it may not presently constitute a disability because it doesn’t cause limits on their major life activities. But, if the employer believes that in the future it may, they may also discriminate against that employee, and they are prohibited from doing so. There are other examples, but the main point is that if you have an issue or condition that is not presently disabiling, but may become disabling sometime in the future, the fact that it may become disabling prevents an employer from discriminating against you. If you have been discriminated on the basis of your disability by your employer, or future potential disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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