Wrongful Termination Based on Physical Disability
FHEA states that “[i]t is an unlawful employment practice . . . [f]or an employer, because of the . . . physical disability . . . of any person, . . . to discharge the person from employment . . .” if the person can perform the necessary tasks of the job with a reasonable accommodation.
The legislature made sure to define “physical disability” broadly so that it would cover many people whose disability creates a limitation on a major life activity. Therefore, FEHA covers anyone who has any disease, condition, disorder, anatomical loss, or cosmetic disfigurement that impacts any of a number of body systems including the neurological, musculoskeletal, immunological, respiratory, cardiovascular, reproductive, genitourinary, digestive, hemic and lymphatic, skin, or endocrine systems. It also protects workers who have a history of any of these conditions about which the employer knows. In addition, if your employer believes that you have one of these physical disabilities, you are covered by FEHA, even if you don’t actually have the disability.
There is also a federal law that protects workers from discrimination on the basis of a physical disability called the Americans with Disabilities Act (ADA). The ADA offers many of the same protections as FEHA. However, FEHA has broader applicability because the ADA requires that a disability create a “substantial limitation” on a major life activity, rather than simply a “limitation.”
Employees wrongfully terminated from their jobs because of a physical disability may be entitled to recoup their lost wages and seek compensation for their emotional distress. In certain situations, employers found liable may be subject to punitive damages, which punish the employer for its actions.Knowledgeable Employment Discrimination Lawyers
Not only is it unscrupulous to fire an employee because of a physical disability, but it is also against the law. The Orange County employment attorneys at the Nassiri Law Group work hard for clients who have been wrongfully terminated from their jobs because of a physical disability. If you believe that you have been fired due to a physical disability, call the Nissari Law Group at 714.937.2020 or visit our contact page today to set up your free consultation.