Understanding the protections against wrongful termination due to perceived disabilities is crucial for both employees and employers. In California, laws protect employees not only from discrimination based on actual disabilities but also from discrimination based on perceived disabilities. Below, we explore how perceived disabilities can lead to wrongful termination claims and the legal protections available.
What Laws Protect Against Disability Discrimination?
Several key laws protect employees from discrimination based on both actual and perceived disabilities:
- Americans with Disabilities Act (ADA): A federal law that prohibits discrimination against individuals with disabilities and those perceived to have disabilities. The ADA requires reasonable accommodations and protects against retaliation.
- California Fair Employment and Housing Act (FEHA): A state law that provides broader protections against disability discrimination than the ADA. FEHA covers both actual disabilities and perceived disabilities and mandates reasonable accommodations.
What Constitutes a Perceived Disability?
A perceived disability occurs when an employer believes that an employee has a disability, whether or not the employee actually has one. Discrimination based on a perceived disability is illegal under both the ADA and FEHA. Examples include:
- An employer assuming an employee has a mental health condition based on observed behavior.
- An employer believing an employee has a physical impairment due to rumors or incorrect information.
- An employer treating an employee differently due to a medical condition that does not substantially limit major life activities but is perceived as disabling.
How Can Perceived Disabilities Lead to Wrongful Termination Claims?
Wrongful termination claims can arise when an employee is fired based on a perceived disability. Key scenarios include:
- Termination Due to Assumptions: An employer assumes an employee’s condition affects their ability to perform their job and terminates their employment based on this perception.
- Failure to Provide Reasonable Accommodations: An employer fails to engage in the interactive process or provide reasonable accommodations for a perceived disability.
- Retaliation: An employee is terminated for requesting accommodations or for complaining about discrimination based on a perceived disability.
Examples of Wrongful Termination Based on Perceived Disabilities
- Misinterpreted Medical Information: An employer mistakenly believes that an employee’s medical condition (e.g., a temporary injury) is a long-term disability and terminates the employee instead of providing reasonable accommodations.
- Behavioral Misunderstandings: An employee exhibiting behavior that an employer perceives as a mental health issue may be terminated due to unfounded fears or biases.
- Gossip and Rumors: Workplace gossip leading an employer to believe an employee has a disability can result in wrongful termination if the employer acts on these rumors without factual basis.
What Should an Employee Do if Wrongfully Terminated Due to a Perceived Disability?
- Document Everything: Keep detailed records of interactions with your employer, including any comments or actions related to the perceived disability and the circumstances of your termination.
- File a Complaint with the EEOC or DFEH: If you believe you have been wrongfully terminated due to a perceived disability, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
- EEOC: Visit the EEOC website to file a complaint or contact their office. Complaints must typically be filed within 180 days of the discriminatory act, extendable to 300 days under certain conditions.
- DFEH: Visit the DFEH website to file a complaint or contact their office. You have up to three years to file a complaint from the date of the discriminatory act.
- Consult an Attorney: Seek legal advice to understand your rights and explore the possibility of filing a wrongful termination lawsuit. An attorney can help you navigate the legal process and represent you in negotiations or court if necessary.
Possible Remedies for Wrongful Termination
If you successfully prove that you were wrongfully terminated based on a perceived disability, you may be entitled to various remedies, including:
- Reinstatement: Getting your career back.
- Back Pay: Compensation for lost wages from the time of termination to the resolution of the case.
- Compensatory Damages: Compensation for emotional distress and other losses.
- Punitive Damages: Additional compensation to punish the employer for their discriminatory conduct.
- Attorney’s Fees: Reimbursement for legal costs incurred during the process.
Contact Eldessouky Law
Navigating the complexities of disability discrimination and wrongful termination can be challenging. At Eldessouky Law, we are committed to ensuring that your rights are protected. If you believe you have been wrongfully terminated due to a perceived disability, contact us at Eldessouky Law to explore your options and protect your rights.
For more information on disability discrimination and your rights, visit our blog section where we continually update and educate our clients on the latest in employment law. Remember, discrimination based on perceived disabilities is illegal, and the law is on your side. Call Eldessouky Law today to discuss your case and ensure your rights are safeguarded.
