Los Angeles Sexual Harassment Lawyers

In general, an employment discrimination complaint must be initiated with the California Civil Rights Department within three years of the alleged discriminatory act. An employee who wants to file a lawsuit under California’s Fair Employment and Housing Act must ordinarily obtain a right-to-sue notice from the Department first. After receiving that notice, the employee generally has one year to file a lawsuit.

Different claims may carry different or shorter deadlines, and determining when a deadline began can be complicated. Employees should consult an employment lawyer promptly rather than assume they have three years to act.

No. It is unlawful for an employer to retaliate against an employee for requesting a reasonable accommodation or asserting rights protected by disability-discrimination laws.

Retaliation may include termination, demotion, reduced hours, undesirable assignments, increased scrutiny, exclusion from workplace opportunities, threats, or other materially negative treatment. The requested accommodation does not necessarily have to be granted for the request itself to be protected. Employees who experience negative treatment after requesting an accommodation should document the timing, communications, and reasons given by the employer.

Being on medical leave does not give an employee absolute protection from termination. An employer may still make a lawful employment decision for a legitimate reason unrelated to the employee’s disability, leave, or accommodation request.

However, an employer generally may not fire an employee because of a protected disability, for taking legally protected leave, or for requesting a reasonable accommodation. Before terminating an employee who needs additional disability-related leave, the employer may also be required to engage in the interactive process and consider whether a finite extension of leave or another accommodation would be reasonable.

In some circumstances, yes. When a disability or the need for an accommodation is not obvious, an employer may request reasonable medical documentation confirming that the employee has a disability-related limitation and needs an accommodation.

The request should be limited to information relevant to the employee’s restrictions and accommodation needs. An employer generally should not demand complete medical records, unrelated medical information, or more information than is reasonably necessary. When both the disability and need for accommodation are obvious, additional medical documentation may not be appropriate.

The interactive process is a timely, good-faith discussion between an employer and an employee about the employee’s work-related limitations and possible reasonable accommodations.

The process may include identifying the essential functions of the position, reviewing relevant restrictions, discussing possible accommodations, and determining whether an accommodation would be effective. Employers should not ignore an accommodation request or reject it without meaningful consideration.

An employer may also have an obligation to initiate the interactive process when it becomes aware that an employee may need an accommodation—even if the employee has not used the words “reasonable accommodation.”

Yes. A finite period of medical leave may be a reasonable accommodation when it is likely to allow an employee to recover and return to work. This may be true even if the employee has exhausted available sick leave, FMLA leave, CFRA leave, or leave provided under an employer’s policies.

Employers generally do not have to provide leave that is indefinite or would create an undue hardship. However, an employer should not automatically terminate an employee simply because a standard leave period has expired. The employer may need to discuss whether additional leave or another accommodation would allow the employee to return.

Yes. Remote or hybrid work can be a reasonable accommodation when it allows an employee to perform the essential functions of the job without creating an undue hardship for the employer.

Remote work is not automatically required in every case. The employer may consider the employee’s duties, whether those duties can be performed away from the workplace, and whether another effective accommodation is available. A blanket rule requiring every employee to work on-site does not necessarily relieve an employer of its obligation to evaluate an accommodation request individually.

A reasonable accommodation is a change to the job, workplace, schedule, or customary way of working that allows a qualified employee with a disability to perform the essential functions of the position.

Depending on the circumstances, accommodations may include a modified schedule, additional breaks, an accessible workspace, assistive equipment, medical leave, remote work, modification of nonessential duties, or reassignment to a vacant position.

An employer does not necessarily have to provide the employee’s preferred accommodation if another effective option is available. However, the employer generally must provide an effective accommodation unless doing so would create an undue hardship.

It can. A condition does not necessarily need to be permanent to qualify as a disability under California law. A temporary injury, illness, or medical condition may be protected if it limits a major life activity.

Examples could include a broken bone, pneumonia, recovery from surgery, or another condition that temporarily affects an employee’s ability to work or perform daily activities. The determination depends on the nature and effects of the condition—not simply how long it is expected to last.

California employment law broadly defines a disability as a physical or mental condition that limits a major life activity, such as working, walking, concentrating, communicating, sleeping, or caring for oneself. Protected conditions may include physical injuries, chronic illnesses, cancer, diabetes, mobility impairments, depression, anxiety, PTSD, and other mental health conditions.

California law may also protect employees who have a history of a disability or whose employers mistakenly believe they have a disability. Whether a particular condition qualifies depends on the facts and how the condition affects the employee.