California Employment Law Blog
A recent case from the Court of Appeal of the State of California, Second Appellate District, underscores the challenges employees face in discrimination and retaliation claims under the Fair Employment and Housing Act (FEHA). An employee, while on disability leave, engaged in activities that violated his work restrictions and denied such activities in a workers’ compensation deposition. After being cleared to return to work, he was terminated by his employer, the City, on the grounds of suspected workers’ compensation fraud. The employee was sued for disability discrimination, retaliation, and failure to accommodate under FEHA. However, the trial court granted summary judgment in favor of the employer, a decision that was affirmed on appeal.
The Role of Legal Support in Employment Disputes
Employees facing termination under dubious circumstances need a dedicated employment lawyer to help them understand and assert their rights under FEHA. Discrimination and retaliation claims require a thorough understanding of employment law and careful presentation of evidence. An experienced attorney can provide crucial support, ensuring the employee’s case is effectively presented.
Key Protections Under FEHA
FEHA offers strong protections for employees with disabilities, prohibiting discrimination and retaliation based on disability status. Under FEHA, an employer cannot discharge an employee because of a physical disability unless the employee is unable to perform essential duties, even with reasonable accommodation. Employers must also not retaliate against employees for requesting accommodations or failing to prevent discrimination.
Challenges in Proving Discrimination and Retaliation
In this case, the employee argued that his termination was linked to his disability and the need for accommodation. However, the trial court found no direct evidence that the employee’s disability affected his termination. Instead, the employer presented a legitimate reason for the termination, citing suspected fraud. The court upheld this reasoning, emphasizing the need for clear and compelling evidence in discrimination and retaliation claims.
Effective Strategies for Employees
Understanding the legal strategies available is essential for employees facing similar situations. An employment lawyer can help identify and present the necessary evidence to support discrimination and retaliation claims. This may include witness testimonies, documentation of the employer’s actions, and a detailed account of the employee’s performance and accommodation requests.
Steps to Protect Your Rights
Keep detailed records. Document all interactions with your employer, especially those related to your disability and accommodation requests.
Consult a lawyer promptly. Seek legal advice to understand your rights and the best course of action as soon as possible.
Collect supporting evidence. Gather relevant documents, emails, and witness statements supporting your discrimination or retaliation claims.
Stay informed. Familiarize yourself with FEHA protections and how they apply to your situation.
Employees should not face discrimination or retaliation for their disabilities or for requesting accommodations. This case highlights the importance of having solid legal representation to ensure fair treatment in the workplace. An experienced employment lawyer can provide the necessary support and advocacy to challenge unfair terminations and protect employee rights under FEHA.
Those employees who have questions about a possible discrimination case should reach out to the Nourmand Law Firm, APC to schedule a free consultation.