Tackling Tough Discrimination Challenges based on "Perceived Disability" and "Record of Disability"
While this webcast is open to all EIA members, some of the Eyres Law Group Services are only available to members of the PWC and/or GL1 programs.
The Americans with Disabilities Act (ADA) and the California FEHA each have a three-pronged definition of disability. Applicants and employees are protected from discrimination based on; (1) an actual disability; (2) a record of being disabled, whether accurate or not; and/or (3) being regarded as or perceived as disabled. The first prong – an actual limitation of a major life activity – tends to capture the most attention because the risks are significant for lawsuits alleging either failure to engage in an interactive process or failure to reasonably accommodate.
However, unmistakable trends in California case law suggest that employers are increasingly facing charges of discriminating against individuals who either have a record of being treated for a disability or are “regarded as” disabled. These FEHA violations often arise when a frontline leader learns that an employee is taking medications, or reports to work with a cane or other mobility device, or has a record of past treatment for a medical condition. Missteps can be just as costly as failing to address reasonable accommodations for an individual with a known disability. Front pay, back pay, emotional distress and recovery of legal fees and court costs have resulted in very large verdicts and settlements.
This webinar will provide up-to-the-minute information on new regulations and case law affecting California public entity employers. We will cover the following:
Additional Information
Need More Info or Help?
We hope you can join us. Feel free to contact Doug McGill for more details.
Phone: 916-850-7300
Email: dmcgill@csac-eia.org
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Webinar Location:
EIA TV - Employment Practices