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Disabilities and Accessibility

Employers can't discriminate against individuals with disabilities or someone they perceive to be disabled and are obligated to make reasonable accommodations for an applicant's or employee's disability. They may face serious consequences if they discriminate against persons with disabilities when making employment decisions, or if they fail to provide reasonable accommodations.

This chapter includes information on the following:

Federal and state laws protecting individuals with disabilities.
Discrimination, harassment and retaliation protections.
Reasonable accommodations and the interactive process.
Documentation requirements.
Medical exams and inquiries.
Disability claims, enforcement and penalties.

Laws Protecting Employees With DisabilitiesLaws Protecting Employees With Disabilities
Four state and federal laws protect employees with disabilities from discrimination: The ADA; the Americans with Disabilities Act Amendments Act of 2008; the Rehabilitation Act of 1973; and the Fair Employment and Housing Act (FEHA).

Disability DefinitionsDisability Definitions
Review this section to familiarize yourself with your obligations under federal and state disability law.

Reasonable Accommodation of DisabilitiesReasonable Accommodation of Disabilities
State and federal disability laws require covered employers who know of an individual's disability to reasonably accommodate that disability, unless the employer can demonstrate that the accommodation would impose an undue hardship.

Documentation of DisabilityDocumentation of Disability
When a disability or the need for an accommodation isn’t known or obvious, you can ask an employee for reasonable documentation about that individual’s disability and its functional limitations that require reasonable accommodation.

When Medical Exams and Inquiries Are PermittedWhen Medical Exams and Inquiries Are Permitted
Disability discrimination laws restrict your right to require medical exams or ask applicants and employees about disabilities.

Disability Claim, Enforcement and PenaltiesDisability Claim, Enforcement and Penalties
In addition to disability discrimination claims, individuals can bring claims for failure to accommodate, harassment, retaliation and intimidation under the ADA. This section provides some court cases to illustrate the different claims.

Accessibility ResourcesAccessibility Resources
If your business or property is open to the public, it must meet certain accessibility standards created by federal and state law for people with disabilities.

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