No. 1: To prevail on a disability discrimination claim, an employee must prove that he/she was able to perform the essential functions of his/her job with or without a reasonable accommodation. California law defines “essential functions” as “the fundamental job duties of the employment position.” (Cal. Gov. Code sec. 12926(f).)
No. 2: “Essential functions” do not include “marginal functions.” “Marginal functions of an employment position are those that, if not performed, would not eliminate the need for the job or that could be readily performed by another employee or that could be performed in an alternative way.” (Nealy v. City of Santa Monica, 234 Cal.App.4th 359, 373 (2015).)
No. 3: An employer may be able to prove that a job function is “essential” by pointing to the limited number of employees who can perform that particular job function.
No. 4: An employer may also be able to prove that a job function is “essential” by arguing that the reason the position exists is to perform that function.
No. 5: An employer may not turn a job function into an “essential” function merely by including it in the job description.
No. 6: Even a temporary medical condition may constitute a “disability” under California law (even if it does not constitute a “disability” under federal law). California law provides broader coverage.
No. 7: California law does not protect independent contractors from disability discrimination.
Click here to read “7 Things to Know About Disability Discrimination (Part 1).”
If you have questions about disability discrimination under California law, call ((916) 612-0326) or email ([email protected]) Finley Employment Law today. We serve clients throughout California, including Sacramento, Roseville, Walnut Creek, San Ramon, and Concord.
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.