Disability Discrimination at Work (Part 2)

Posted on November 2, 2021 | By Omid Nosrati | Discrimination,Employment Law,Workplace Discrimination

In part 1, we discussed how in disability discrimination cases, employers sometimes argue there was no wrongful conduct or no duty to accommodate because in their view, the employee did not have a “disability.” However, the definition of disability is broadly construed in California.

Here are some examples of what constitutes a “mental disability” by statute under the Fair Employment and Housing Act:

• any mental or psychological disorder, such as intellectual disability
• organic brain syndrome
• emotional or mental illness
• specific learning disabilities that limit a major life activity
• clinical depression
• bipolar disorder
• autism spectrum disorders
• schizophrenia
• chronic or episodic conditions, such as post-traumatic stress disorder
• obsessive compulsive disorder

The list above is illustrative and other conditions could also qualify as a mental disability. The California Legislature has set forth its intent that “mental disability” needs to be construed broadly by courts to make sure that applicants or employees get the protection that they deserve from discrimination due to either actual or perceived mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.

If you believe you’ve suffered discrimination at work due to a mental disability, feel free to call Nosratilaw, A Professional Law Corporation at 310-553-5630 for a free case review.