The Fair Employment and Housing Act prohibits an employer from firing an employee based on his or her: sexual orientation; gender; race; color; age; physical or mental disability; medical condition; religious creed; national origin; marital status; pregnancy, childbirth, or related medical conditions; ancestry. Gov. C. § 12940(a). In other words, it is unlawful for an employer to fire an employee from employment because of any of the characteristics mentioned above. Gov. C. § 12940(a).
Unlawful Firing Due to Physical DisabilityIt is unlawful for an employer to fire an employee because of the employee’s physical disability. Gov. C. § 12940(a). However, this section does not prohibit an employer from firing an employee with a physical disability, where the employee, because of his or her physical disability, “is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations.” Gov. C. § 12940(a)(1). The law requires the employer to provide a disabled employee reasonable accommodations so that the employee is able to do the job. The employer is also required to engage in the good faith interactive process with a disabled employee to explore and find possible reasonable accommodations.
For example, a cashier at a supermarket may injure his or her hip and as a result cannot perform his or her job unless there is some reasonable accommodations by the employer. In turn, the employer cannot fire the employee based on the physical disability unless there is no possible reasonable accommodation or even with reasonable accommodations he or she would endanger his or her health or safety or the health or safety of others. In this situation, an employee may only need a chair or stool in order to perform his or her job or may do their job with some lifting restrictions or light duty. The employee would likely be able to perform his or her essential duties if a chair or stool is provided or the employee is given light duty. If the employer decides to simply fire the employee because of his or her physical disability, then the employer may have unlawfully fired the employee. Reasonable accommodations can include and are not limited to time off, special equipment, change in schedule, light duty, and many other accommodations that may be considered reasonable. These are situation by situation evaluations. If you have experienced an unlawful firing due to physical disability, please call our office.
Unlawful Firing Due to RaceIt is unlawful for an employer to fire an employee because of the employee’s race. Gov. C. § 12940(a). This protection is not limited to minorities, but protects from unlawful firing members of all races Griggs v. Duke Power Co., (1971) 401 US 424, 430-31. Thus, Whites as well as African Americans, Hispanics or Asians are equally protected. If you were fired because of your race, contact our office.
Unlawful Firing Due to Sexual OrientationIt is unlawful for an employer to fire an employee because of the employee’s sexual orientation. Gov. C. § 12940(a). This means an employee’s heterosexuality, homosexuality, or bisexuality.
For example, an employee may have been working for an employer for 2 years. After 2 years, the employer finds out that the employee is homosexual. Soon thereafter, the employer fires the employee because he or she is no longer needed. A few weeks after being fired, the employee finds out that somebody else was hired for the same position. This new employee has the same qualifications, however, this new employee is not homosexual. It is likely that the employer unlawfully fired the employee because of the employee’s sexual orientation.