Category: ADA / FEHA Disability Rights

Requesting medical leave at work.

Avoid This Common Mistake When Requesting Medical Leave

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Avila v Continental Airlines (2008) is a disability discrimination case which illustrates a common mistake that employees makes when requesting medical leave or disability leave. In that case, the plaintiff was terminated for missing seven days of work, four of which were due to hospitalization for acute pancreatitis. The employee had provided two medical forms Read More …

California workplace disability

Workplace Disability in California Is Defined Very Broadly

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The California FEHA (Fair Employment and Housing Act) protections against disability discrimination at workplace are quite broad and independent of those under the ADA. The California legislature has stated its intent that “physical disability” be construed, so that employees are protected from discrimination due to actual or perceived physical impairment that is disabling, potentially disabling, Read More …

disability discrimination case

Proving Disability Discrimination Doesn’t Require Proving Ill Will Toward The Employee

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In many disability discrimination cases, employers defend their case by claiming that there is no evidence that they had any ill will toward the plaintiff-employee because of his disability, i.e. they never said anything negative about his disability, and didn’t do anything else that would suggest that they on purpose wanted to harm that employee Read More …