California ADA Violations By Employers
What is The Americans With Disabilities Act (ADA)?
California’s disability access laws are a combination of federal Americans with Disabilities Act (ADA) requirements and state-specific statutes that often provide broader protections.
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in public accommodations, employment, transportation, and other areas of public life.
California’s laws, such as the Unruh Civil Rights Act (California Civil Code § 51 et seq.) and the California Disabled Persons Act (Civil Code §§ 54-55.32), extend these protections further and impose stricter penalties for non-compliance.
ADA Compliance in California
In California, ADA compliance is not just about meeting federal standards. The state has its own set of regulations that often provide broader protections than those offered by federal law.
These regulations are designed to address specific needs within the state, considering its diverse population and varied industries. Businesses and employers must adhere to both sets of laws, ensuring they do not engage in practices that could be considered discriminatory.
Failure to comply with these regulations can result in significant legal repercussions, emphasizing the importance of understanding and implementing these laws effectively. California’s commitment to enhanced protections underscores the state’s dedication to fostering an equitable environment for all its residents.
What is the Penalty for Non-Compliance?
If an employer willfully fails to pay the final wages within these stipulated times, they must pay a penalty equal to the employee’s daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days. This penalty accrues every calendar day, including weekends and holidays, not just days the employee would have worked.
The Unruh Act
Originally passed in 1959 and later amended to include disability protections, prohibits discrimination by any business establishment in California. It explicitly states that a violation of the ADA is also a violation of the Unruh Act, effectively linking federal and state law. Under the Unruh Act, individuals can sue for statutory damages of $4,000 per violation, which can include each instance of encountering a barrier or being deterred from accessing a facility. Emotional distress damages can also be claimed, making California a particularly litigious environment for ADA-related claims.
The California Disabled Persons Act (CDPA)
This complements the Unruh Act by ensuring individuals with disabilities have equal access to public spaces, transportation, and housing. It mandates that businesses and public facilities comply with accessibility standards, such as those outlined in the California Building Code (Title 24, Part 2, Chapter 11). The CDPA also allows for civil penalties and injunctive relief to enforce compliance.
Common ADA Violations
California ADA violations occur when an employer or business fails to provide reasonable accommodations to employees with disabilities or when they engage in discriminatory practices.
Common violations include:
- Failure to Provide Reasonable Accommodation: Employers must modify or adjust the work environment to enable a person with a disability to perform essential job functions unless doing so would cause undue hardship. This can include making physical changes to the workspace, providing assistive devices, or altering work schedules to accommodate medical needs.
- Discriminatory Hiring Practices: Employers cannot discriminate against candidates with disabilities during the hiring process. This includes refusing to hire a qualified candidate due to their disability or failing to provide necessary accommodations during interviews.
- Inaccessible Workspaces: Facilities must be accessible to employees with disabilities, which means providing ramps, elevators, and other necessary modifications. Ensuring physical access is essential for enabling employees to perform their roles effectively without encountering unnecessary barriers.
- Retaliation: It’s illegal to retaliate against an employee for asserting their rights under the ADA. Employees should feel empowered to request accommodations or report violations without fear of retribution, fostering a safer and more supportive work environment.
How Employees Are Protected
Legal Protections Under the ADA
Employees in California are protected under both federal and state laws. The ADA ensures that individuals with disabilities have equal opportunities in employment. It requires employers to provide reasonable accommodations and prohibits discrimination in all employment practices.
These protections are designed to level the playing field, allowing individuals with disabilities to compete fairly for jobs and succeed in their careers. By enforcing these regulations, the ADA aims to dismantle systemic barriers and promote a culture of inclusion within the workplace.
Understanding Reasonable Accommodations
A reasonable accommodation is any change or adjustment to a job or work environment that allows an employee with a disability to perform job duties.
Examples include:
- Modifying work schedules: Allowing flexible hours or telecommuting options to accommodate medical appointments or energy levels.
- Providing assistive technology: Supplying specialized equipment, like screen readers or adaptive keyboards, to help employees perform tasks efficiently.
- Adjusting training materials: Offering materials in accessible formats, such as Braille or audio, to ensure all employees can benefit from training sessions.
- Making existing facilities accessible: Installing ramps, widening doorways, or altering office layouts to ensure accessibility for all employees.
Employers are required to engage in an interactive process with the employee to identify the appropriate accommodation. This collaborative approach helps ensure that the accommodations meet the employee’s needs while considering the employer’s capacity to provide them.
Reporting ADA Violations
Employees who believe they have been subjected to discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), or pursue a private lawyer. It’s important to report violations promptly, as there are strict timelines for filing complaints. Timely reporting not only helps protect the employee’s rights but also assists enforcement agencies in conducting thorough investigations. Employees are encouraged to document any incidents of discrimination or non-compliance, as detailed records can strengthen their case.
Legal Recourse for Employees
If an investigation finds that an employee’s rights under the ADA were violated, several remedies may be available, including:
- Reinstatement or hiring: Returning the employee to their previous position or offering a similar role if they were wrongfully terminated.
- Back pay and benefits: Compensating the employee for lost wages and benefits due to discrimination.
- Compensatory and punitive damages: Awarding damages for emotional distress and, in some cases, punishing the employer for egregious conduct.
- Reasonable accommodation: Ensuring that appropriate accommodations are implemented moving forward to prevent further violations.
- Legal fees: Covering the cost of legal representation for the employee.
If your employer has violated your employee rights in California give us a call at 1-888-924-3435 or fill out the form.
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