The California Fair Employment and Housing Act (FEHA) serves as one of the most comprehensive anti-discrimination laws in the United States, providing essential protections for employees in many protected classes. This article will specifically focus on FEHA as it applies to employees with disabilities, though it also covers gender, race, color, and many more protected characteristics.
What is the Fair Employment and Housing Act (FEHA)?
The Fair Employment and Housing Act is California’s primary anti-discrimination statute that prohibits employment discrimination based on protected characteristics, including disability. FEHA applies to employers with five or more employees and provides broader protections than federal laws like the Americans with Disabilities Act (ADA).
Employment Discrimination Protections Under FEHA
Prohibited Discriminatory Actions
FEHA explicitly prohibits employers from taking adverse employment actions against individuals because of their disability or membership in other protected classes. These adverse employment actions include:
- Termination or wrongful discharge
- Failure to hire qualified candidates
- Denial of promotions or job assignments
- Harassment or hostile work environment
- Retaliation for filing discrimination complaints
- Any other action that significantly impacts employment terms and conditions
Reasonable Accommodations Requirement
California employers must provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship. Common reasonable accommodations include:
- Workplace modifications: Adjusting workstations, installing accessible equipment, or modifying facilities
- Schedule flexibility: Allowing modified work schedules, part-time work, or remote work arrangements
- Assistive technology: Providing screen readers, ergonomic equipment, or communication devices
- Policy modifications: Adjusting attendance policies or providing additional break time
- Job restructuring: Reassigning non-essential job functions or providing alternative positions
Filing a FEHA Disability Discrimination Complaint
Available Remedies for FEHA Violations
FEHA provides comprehensive remedies for disability discrimination victims, including:
- Economic damages: Back pay, front pay, and lost benefits
- Non-economic damages: Compensation for emotional distress and pain and suffering
- Injunctive relief: Court orders requiring policy changes or reinstatement
- Attorney’s fees: Recovery of legal costs in successful cases
- Punitive damages: Additional damages to punish egregious conduct
Real-World Impact: FEHA Success Stories
Million-Dollar FEHA Verdict: Rite Aid Store Manager Case
The case of Leggins v. Rite Aid demonstrates the substantial financial consequences employers face when they violate FEHA’s disability discrimination protections. Robert Leggins, a 25-year Rite Aid store manager with consistently positive performance reviews, was severely injured during a 2006 store robbery that left him with permanent neck, shoulder, and back injuries.
Despite his injuries, Leggins returned to work and requested reasonable accommodations, including assignment to a less busy store. Initially, Rite Aid granted this request. However, after Leggins took medical leave for back surgery, the company’s attitude changed dramatically.
The Discrimination Escalates
Upon returning from surgery, Leggins continued experiencing severe pain and physical limitations. When he explained his condition to his new district manager and requested additional staffing help, the manager:
- Ignored his accommodation requests and assigned him even more physical tasks
- Made discriminatory comments, calling him a “sissy” and stating that a big guy like him “should be tougher”
- Subjected him to ongoing harassment and insults based on his injuries and race
Despite Leggins’ complaints to HR, Rite Aid took no corrective action against the discriminatory behavior.
The Termination and Legal Victory
In 2013, Rite Aid terminated Leggins, citing performance issues and policy violations. However, the jury found these reasons were pretextual—mere excuses to cover up disability discrimination. The final award to Leggins totaled $3.7 million:
- $1.2 million in economic damages (lost wages and benefits)
- $1.5 million for past noneconomic damages (pain and suffering)
- $1 million for future economic losses
Getting Legal Help for FEHA Disability Claims
When to Consult an Employment Attorney
Consider consulting with a California employment law attorney if you’ve experienced:
- Denial of reasonable accommodations
- Termination or discipline related to your disability
- Harassment or hostile treatment because of your disability
- Retaliation for requesting accommodations or filing complaints
- Failure to engage in the interactive accommodation process
Protecting Your Rights
If you’re facing disability discrimination, take these steps to protect your rights:
- Document everything: Keep records of discriminatory incidents, accommodation requests, and employer responses
- Follow company procedures: Use internal complaint processes when appropriate
- Seek medical documentation: Maintain records of your disability and accommodation needs
- Preserve evidence: Save emails, messages, and other relevant communications
- Consult legal counsel: Speak with an experienced FEHA attorney about your options
Conclusion
The Fair Employment and Housing Act represents California’s commitment to ensuring equal employment opportunities for individuals with disabilities. By understanding your rights under FEHA and taking action when discrimination occurs, you can help create a more inclusive and equitable workplace for all Californians.
If you believe you’ve experienced disability discrimination in violation of FEHA, don’t wait to seek legal guidance. Contact an experienced California employment law attorney to discuss your case and explore your options for obtaining justice and compensation.
This article provides general information about FEHA and disability discrimination. For specific legal advice regarding your situation, consult with a qualified California employment law attorney.