The California Fair Employment and Housing Act (FEHA) broadly protects employees that are disabled from discrimination in the workplace. The provision of the California statute that protects disabled persons, prohibits employment discrimination not only based on the employee being actually disabled, but also when the employee is “regarded as” disabled. (Gelfo v. Lockheed Martin Corp. (2006) 140 Cal.App.4th 34, 52.) Thus, it effect the statute protects not only disabled persons from their employer’s reliance on myths, fears, or stereotypes, but also protects any employee who is regarded or treated as disabled by their employer. (Gelfo v. Lockheed Martin Corp., supra, 140 Cal.App.4th at p. 53.)
In addition to providing a discriminatory-free environment, employers have additional duties to their employees that arise when an employee is disabled or is regarded as disabled. First, an employer must reasonably accommodate an applicant or employee that is disabled or whom it regards as disabled. Second, an employer must engage in an informal dialogue to determine effective reasonable accommodations with an applicant or employee that is actually disabled or regarded as disabled. An employer’s failure to comply with any of these mandatory duties constitutes a violation under the FEHA for which an employee can take legal action against his or her employer.
