Invisible Disabilities and California Employment Law

Disability is a protected characteristic under federal and state employment laws.  This means that it is against the law for your employer to discriminate against you based on disability.  The Americans With Disabilities Act of 1990 (ADA) formally listed disability as a protected characteristic, safe from employment discrimination, alongside other already recognized protected characteristics, such as race, sex, age, and religion.  Employers cannot make the protected characteristic their reason for taking an adverse action against an employee, such as refusal to hire, demotion, excessive scrutiny, or termination of employment.  Furthermore, employers must make reasonable accommodations for employees with disabilities when the employee requests accommodations or discloses his or her disability.  The boilerplate legal language makes it sound simple enough, but every workplace is unique, as is every employee.  For example, not all disabilities are immediately noticeable to people other than the person with the disability.  For help resolving a dispute with your employer about accommodations for an invisible disability, contact a Los Angeles discrimination and harassment lawyer.

What Is an Invisible Disability?

A disability is any physical or mental health condition that limits major life activities.  Some disabilities, like mobility impairments, blindness, and deafness, are easily noticeable when people first meet you, but this does not represent the full range of disabilities.

The following are examples of invisible disabilities for which an employee might require accommodations:

• Chronic pain
• Neurological symptoms such as increased sensitivity to light and sound
• Post-traumatic stress disorder or clinical anxiety

These are some accommodations that you might need because of an invisible disability:

• More frequent breaks from work
• Modifications to your work environment, such as using dark mode on your work computer or working in a quieter room than the rest of your coworkers
• Assistive technology

What to Do If Your Employer Refuses to Make Accommodations for an Invisible Disability

When you request accommodations, it is your employer’s job to make the first move by beginning the interactive process and determining whether you need reasonable accommodations to perform the essential functions of the job, and how you can be reasonably accommodated.  It is also illegal for your employer to retaliate against you for disclosing a disability or requesting reasonable accommodations.

Speak With a Los Angeles Employment Discrimination Lawyer

A Los Angeles employment discrimination and retaliation lawyer can help you communicate with your employer about your invisible disability and your need for reasonable accommodations and, if necessary, pursue a discrimination complaint.  Contact Litigation, P.C. in Redondo Beach, California to discuss your situation or call (424)284-2401.

Source:

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