Laws Protecting Employees with Disabilities

​Several state and federal laws protect employees with disabilities against discrimination. Employers must consider people with disabilities, both applicants and employees, as productive members of the workforce.​​​​​​​​​​​

  • ADA and FEHA

    ADA and FEHAFour state and federal laws protect employees with disabilities from discrimination:   More »

  • Employees Must Prove Themselves Qualified

    Employees Must Prove Themselves QualifiedThe ADA requires employees to prove that they are "qualified individuals" and that they can perform the essential job duties before they can establish discrimination.  More »

  • Employers Cannot Discriminate on the Basis of Genetic Characteristics

    Employers Cannot Discriminate on the Basis of Genetic CharacteristicsCalifornia law prohibits discrimination based on a person's genetic characteristics.  More »

    Read about new 2012 legislation.​​​
  • Drugs and Alcohol

    Drugs and AlcoholApplicants or employees who currently use illegal drugs or abuse alcohol are not protected under the ADA or FEHA.  More »

  • Workplace Injuries and Disability Discrimination

    Workplace Injuries and Disability DiscriminationWorkers' compensation coverage does not automatically establish that a person is protected by the ADA or FEHA.   More »

  • Disabilities and Employee Benefits

    Disabilities and Employee BenefitsThe ADA and FEHA prohibit you from denying equal benefits to qualified applicants or employees with disabilities, including discriminatory allocations of fringe benefits, even if you do not administer these benefits.  More »

  • Temporary Workers and Disability Discrimination

    Temporary Workers and Disability DiscriminationThe EEOC issued Enforcement Guidance: Application Of The ADA To Contingent Workers Placed By Temporary Agencies And Other Staffing Firms to clarify how federal disability discrimination laws apply to temporary workers.   More »

  • Applications and Job Tests for People With Disabilities

    Applications and Job Tests for People With DisabilitiesApplications and job tests must comply with the ADA and FEHA.   More »

  • Exemption for Private Membership Clubs

    Exemption for Private Membership ClubsPrivate membership clubs (other than labor organizations) exempt from taxation by the Internal Revenue Code (IRC) section 501(c) also enjoy an exemption from the ADA.  More »

  • Required ADA/FEHA Posters

    Required ADA/FEHA PostersAll employers, employment agencies, labor organizations and others covered by the ADA must post a notice in an accessible format to applicants, employees or members describing the applicable provisions of the ADA.  More »