Disability Discrimination Laws and Workers’ Compensation

Workers’ compensation and disability laws impose different obligations on employers. An employer should not assume that just because it complied with workers’ compensation laws, the employer also met its obligations under disability laws.

An employee who is a qualified person with a disability under the ADA or FEHA has rights to reinstatement to an existing, modified or alternative job if they can perform the job’s essential functions with or without reasonable accommodation.

You can deny reinstating a qualified disabled employee only if it would cause undue hardship or constitute a direct threat to the health and safety of the employee or their