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Unlawful Firing Lawyer
Unlawful Termination Protections Under FEHA
The Fair Employment and Housing Act (FEHA) prohibits employers from terminating employees based on their sexual orientation, gender, race, color, age, physical or mental disability, medical condition, religious creed, national origin, marital status, pregnancy, childbirth, or related medical conditions, and ancestry. According to Government Code § 12940(a), it is illegal for an employer to fire an employee because of any of these protected characteristics.
Unlawful Firing Due to Physical Disability
Employers are prohibited from terminating employees because of a physical disability. However, this does not apply if the employee, due to their disability, cannot perform their essential job duties even with reasonable accommodations, or if performing these duties would endanger their health or safety, or that of others, even with such accommodations. FEHA mandates that employers provide reasonable accommodations and engage in a good faith interactive process to find suitable accommodations.
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For example, if a cashier injures their hip and requires a stool or light duty to perform their job, the employer cannot terminate them solely based on their disability unless no reasonable accommodation can be made. If the employer fires the employee without exploring feasible accommodations, it could be an unlawful termination. Reasonable accommodations may include time off, special equipment, modified schedules, or light duty. Each case is evaluated individually. If you believe you have been unlawfully terminated due to a physical disability, please contact our office. Unlawful Firing Due to Race Unlawful Firing Due to Sexual Orientation For any issues related to unlawful firing, including those based on physical disability, race, or sexual orientation, SAW LAW GROUP is here to provide the legal expertise you need. Contact us to discuss your case and protect your rights. |
ALSO SPECIALIZE IN PERSONAL INJURY |