In a recent lawsuit, the Equal Employment Opportunity Commission (“EEOC”) charges that after-school camp Cooking Round the World violated the federal Americans with Disabilities Act (“ADA”) “when it relieved an employee of her duties after she tested positive for latent tuberculosis.” Under the federal ADA, it is unlawful for an employer to discriminate against an employee based on a perceived disability.
According to the EEOC, Alexis Le (a chef educator) was stripped of her job duties even though she “explained that she was not contagious and had received a doctor’s certification permitting her to work in a school environment.”
Like the federal ADA, California’s Fair Employment and Housing Act (“FEHA”) prohibits employers from discriminating against an employee because of his/her perceived disability. Under the FEHA, “perceived” disability discrimination occurs when an employee does not actually have a disability that limits a “major life activity” (e.g., working, walking, or sleeping, among other things), but the employer nonetheless discriminates against him/her because the employer incorrectly perceives the employee as having a disability.
Read the EEOC press release entitled “Cooking Round the World Sued by EEOC for Disability Discrimination” here.
If you believe that you have been subjected to disability discrimination at work, call ((916) 612-0326) or email ([email protected]) Finley Employment Law today. We serve clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.
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