Do Disability Discrimination Laws Cover Temporary Health Conditions?

Do Disability Discrimination Laws Cover Temporary Health Conditions?

If you’re dealing with a temporary health condition, navigating your rights at work can be confusing and stressful. Disability discrimination laws are in place to protect employees, but it’s not always clear whether these protections extend to temporary impairments. Filing a disability claim can be a complex process. At the Law Offices of Jeannette A. Vaccaro PC, we are dedicated to helping employees understand their rights and the legal protections available to them. Our attorney explains how disability discrimination laws apply to temporary health conditions in California.

What Laws Protect Workers in California?

Workers in California benefit from protections under both federal and state laws. The main laws that safeguard employees with disabilities are:

• The Americans with Disabilities Act (ADA): A federal law that prohibits discrimination against individuals with disabilities.
• The Fair Employment and Housing Act (FEHA): A California state law that offers broader protections than the ADA.

These laws require employers to offer reasonable accommodations and not discriminate against employees based on their disability.

Do These Laws Apply to Temporary Disabilities or Health Conditions?

Yes, in many cases, they do. While people often associate disability laws with permanent conditions, both the ADA and FEHA can cover temporary health issues. The key factor is whether the condition, even if short-term, “substantially limits” one or more major life activities. This could include activities like walking, standing, lifting, concentrating, or working.

Can Temporary Impairments Be Classified as Disabilities?

Under FEHA, the definition of disability is broad and can include temporary impairments. For example, if a condition like a broken leg warrants the need for a wheelchair and makes it difficult to perform major life and work activities, it may be deemed a disability, granting you legal protection.

Does the ADA Protect Workers With Temporary Disabilities?

The ADA’s protection for temporary conditions is more nuanced than FEHA’s. Generally, impairments that are minor and last for only a short time (e.g., a common cold) are not covered. However, a temporary impairment that is sufficiently severe can qualify as a disability under the ADA. For example, if a back injury requires surgery and a lengthy recovery period that limits your ability to lift or sit, it could be covered.

Are Recurring Temporary Conditions Protected?

Conditions that flare up intermittently can also be protected. If you have a health issue that is episodic, like migraines or a chronic illness that causes periodic debilitating symptoms, it is considered a disability if it would substantially limit a major life activity when active.

What Accommodations Must Be Provided for Temporary Disabilities?

Employers are required by law to provide reasonable accommodations for employees with temporary disabilities, unless doing so would cause an “undue hardship.” Undue hardship refers to an action that imposes substantial difficulty or expense on an employer.

Examples of reasonable accommodations may include:

• Modifying your work schedule
• Allowing time off for medical appointments
• Providing a temporary light-duty assignment
• Altering your work environment (e.g., providing an ergonomic chair)
• Allowing you to work remotely

The employer is required to engage in a timely, good-faith “interactive process” to determine an appropriate accommodation.

Protect Your Rights in the Workplace

If you are dealing with a temporary health condition and believe your employer has violated your rights, you are not alone. Both federal and state laws offer strong protections for workers with temporary disabilities. It is crucial to understand these rights and seek legal guidance if you feel you have been treated unfairly. Contact the Law Offices of Jeannette A. Vaccaro PC for a free case evaluation to discuss your situation and learn how we can help you protect your rights.