California disability lawyers
|California Disability lawyers|
California disability lawyers at the Feldman Law Firm, a Los Angeles based group of lawyers with extensive experience representing employees with ADA disabilities who need accommodations, have experience in representing employees with ADA disabilities.
California Disability laws Under the ADA, as well as its California counterpart, it is unlawful for any employer to harass or discriminate against any qualified employee because of that employee’s disability or physical condition. However, under recent amendments to California’s Fair Employment and Housing Act, the definition of what constitutes a “disability” is far less restrictive under California law than under federal law.
Under California law, if an employee suffers from a disability or medical condition requiring time off or a medical leave of absence, employers may be required to provide that time off or additional medical leave time as a reasonable accommodation for that disability even if the employee has already used 12 weeks of FMLA leave.
This means that many employees with less restrictive, less severe disabilities will be covered under California law, but not federal law. As a practical matter, California law has always been more advantageous than the federal ADA because of the availability of unlimited general and punitive damages. Now, however, there are substantive differences between the two laws that will cause certain cases filed under the ADA to be thrown out, while the same case would result in a large verdict for the employee under California law.