How to Make Sure Your California Company Complies With California Discrimination Laws

Business employees — photo credit: Christina Morillo / Pexels

Table of Contents

Key Takeaways

California employers must comply with both federal and state disability and anti-discrimination laws.
Key regulations include ADA, FEHA, the California Equal Pay Act, and the California Labor Code.
Education, documentation, and experienced HR oversighbt are critical to legal compliance.
Failure to provide reasonable accommodations can lead to lawsuits regardless of intent or awareness.
Legal counsel plays a vital role in managing discrimination claims and preventing future violations.

Disability laws exist to protect workers from being unable to secure work because their employer will not make accommodations for their needs. Despite the fact that employers are provided with tons of information about anti-discrimination laws, there are still companies that choose not to comply with the requirements of these laws.

Disability discrimination laws in California are designed to allow people to work even if they need some accommodations to be able to do their job. There are various laws that guide the accommodations that people can access through their employers. If an employer ignores any of them, they are out of compliance with California law. You need to follow these laws, or you could face legal action from your employees who are not being accommodated properly.

The law doesn’t consider a lack of education about these laws to be a defense. You cannot afford to be unaware of how these laws work if you want to avoid being sued for discrimination in the state of California.

California Disability Discrimination Laws You Need to Know About

Americans With Disabilities Act (ADA)

This is perhaps the most familiar law of this type, and it prevents employers with 15 or more employees from discriminating against those who need accommodations to be able to do their jobs. This is enforced by the EEOC.

Fair Employment and Housing Act (FEHA)

This law is a California-specific law that protects people who need accommodations from being discriminated against due to medical conditions, physical disabilities, mental disabilities, and genetic information.

California Equal Pay Act

This act requires that you provide equal pay for the same work regardless of sex, race, or ethnicity.

California Labor Code

This code protects workers against retaliation and discrimination for specific situations, such as staff taking leave or being absent due to jury duty.

There are federal laws that also apply to your business, such as Title VII of the Civil Rights Act and the Age Discrimination in Employment Act.

Businesses need to be familiar with all of these laws and requirements, and they need to follow them at all times.

How Can I Ensure That My Company is Complying With These Laws?

Education is key. You need to understand these laws and what they entail. You need to know the difference between independent contractors and regular staff, and you need to be clear about which kinds of conditions are covered.

It is quite likely that you do not have the time or expertise to handle these kinds of situations by yourself. Businesses almost always hire a specific HR professional to handle accommodations as governed by California law. Having someone with the necessary experience to handle accommodations for your staff can save you time and stress.

ADA and FEHA requirements can be complex in some situations, so having someone with the right experience and training to handle the needs of employees who are protected by these laws can bring you peace of mind.

However, even if you think you have done everything right, there are instances where employees will still sue for discrimination. You need to seek legal guidance if you believe that you have met the accommodation needs of this person who is suing you.

Disability in the workplace — photo credit: Marcus Aurelius / Pexels

What do I do if a Staff Member Sues Me for Discrimination?

Documentation is always key. Hopefully, your HR team has been documenting everything related to the person who is suing you. You should have copies of complaints, discussions, and even orders for accommodative devices on file for this staff member. These kinds of documented efforts to meet the accommodative needs of the staff member are important to argue your case.

You should be sure that you do not retaliate against the staff member who is suing you. You need to remain compliant, even while the lawsuit is active. Make sure that your employees are not discussing this person and their case at work, and be sure that HR is acting in a compliant manner as well.

You will then need to secure legal counsel to support you as you navigate the lawsuit that you are facing.

How Do I Find the Right Lawyer For my Case?

The first thing that you need to do is make sure that the lawyer you are thinking of working with has experience with FEHA and ADA cases. This is a specialized area of the law, and a lawyer with experience in these cases will have much better luck helping you with your case and arguing in your favor.

You should schedule a consultation with the legal team that you are considering working with next. This will help you to get an idea of whether or not the lawyer believes that you have a case and what actions can be taken on your behalf. This consultation should guide the next steps of your case, and it will also allow you to get an idea of whether or not you and this legal team can communicate effectively.

Your case will likely be handled outside of court, but there are instances when disability discrimination cases do have to be taken before a judge. Your lawyer will help you present your case in court and will allow you to protect your business reputation and finances.

Working With Skilled Legal Counsel Matters

Due to the complexity of the laws surrounding discrimination, you should be sure that you have legal counsel for your lawsuit. You shouldn’t try to go through this kind of case all alone. Your lawyer will handle all of the steps of the case on your behalf and make sure that you are not communicating with the staff member in a way that will cause further legal issues.

Once the case is concluded, your legal team can help you to make changes or improvements that will prevent future lawsuits from being brought against your company. If you have not been sued for discrimination, but you are concerned about your compliance with these discrimination laws, you should reach out to an experienced lawyer to make sure that your business is compliant.