The workplace is expected to be a space where employees feel safe. However, the unfortunate reality is that many employees face issues such as discrimination, harassment, retaliation, bullying, and workplace violence; therefore, state and federal laws legally require employers to investigate when a complaint related to any of these is raised.
In this article we will dive deeper into what disability discrimination is, the laws that apply, and workplace investigations that result from an allegation related to this.
What is Disability Discrimination?
The Equal Employment Opportunity Commission (EEOC) defines disability discrimination as an adverse employment action because of an employee’s “physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning, or operation of a major bodily function, such as brain, musculoskeletal, respiratory, circulatory, or endocrine function).”
In addition, the EEOC clarifies that a medical condition does not need to be long-term, permanent, or severe to be substantially limiting; what matters is how limiting the symptoms are when they are active.
Laws that Apply to Disability Discrimination in California
Federal and state laws prohibit discrimination based on disability. For instance,
- Americans with Disabilities Act (ADA): This federal law considers employees with a physical or mental impairments that substantially limits a major life activity. The ADA applies to any organization with 15 or more employees and is enforced by the EEOC.
- Fair Employment and Housing Act (FEHA): This California state law considers employees with a physical or mental condition that limits a major life activity, such as working; it includes physical disabilities and chronic conditions that could recur in the future. The FEHA applies to any organization with 5 or more employees and is enforced by California’s Department of Fair Employment and Housing (DFEA).
Therefore, employers must provide reasonable accommodation to the employee’s essential functions, i.e., the fundamental job duties that the employee must be able to perform.
Unbiased Workplace Investigations for Allegations of Discrimination Based on Disability
When there is an employee complaint relating to discrimination based on disability, employers are legally required to investigate. In addition, an administrative investigation in California must be prompt, thorough, impartial, and unbiased, and performed by either a California-licensed investigator, attorney, or employee of the company with experience conducting workplace investigations.
Whether the organization is unionized or not, we recommend not giving notice of the investigative interview to the witnesses and respondents before it is scheduled and without any details of the complainants or the allegations, to protect the integrity of the investigation.
Moreover, although not required by law, to ensure a safe and compliant workplace environment, we also recommend notifying the complainants and the respondents of the general factual findings in the investigation process.
Why choose California Labor Solutions?
California Labor Solutions (CLS) is one of the only HR firms licensed* to conduct workplace investigations in California. We serve private businesses and public-sector organizations throughout the state. We have conducted hundreds of neutral, impartial, objective, and unbiased workplace investigations related to identifying issues and risks within the organization as well as for employee complaints relating to allegations of discrimination, harassment, retaliation, workplace violence, and various types of employee misconduct with the utmost quality, detail, and efficiency.
*California Private Investigator License Number 26311.
Disclaimer:
Please note that the updates, advisories, and regulations we receive from the promulgating agency often contain ambiguities and/or are often amended, modified, or updated. This material/article/email does not contain any legal advice. The information and opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication at the time the opinion is expressed and is, therefore, subject to change based on further developments. The effect of the opinions expressed may be different based on your particular circumstances, and it is recommended that you not rely upon these general opinions prior to obtaining a consultation with your legal and/or financial advisors.