California Disability Rights: Everything You Need to Know
It’s ideal to understand California disability rights, especially if you’ve been directly affected by a disability dispute.
Learn more here.
Introduction
Millions of people throughout the United States wake up each morning and face life with a disability. Because of this, they are often more vulnerable when it comes to facing things such as unemployment, poverty, housing issues, discrimination, and even abuse.
Simply put, individuals with disabilities should have the same rights as everyone else.
Thankfully, the federal government has laws in place to protect this population. And the state of California has taken it a step further by providing even more disability rights. Here’s everything you need to know.
What is a Disability?
When it comes to a disability, many people tend to think that the term solely refers to those with physical disabilities. According to the federal government, a disability is considered either a physical or a mental impairment that limits one’s ability to enjoy major activities in life. In California, a disability is defined as something that makes performing any major daily task tough.
Physical Disabilities: A physical disability can be a physiological disease, disorder, condition, disfigurement, loss of anatomy, etc. It could also include body systems such as neurological, musculoskeletal, cardiovascular, lymphatic, and more. Many of these physical disabilities can be visibly seen, others cannot.
Mental Disabilities: A mental disability includes a mental or psychological condition or disorder, such as learning disabilities, organic brain syndrome, mental retardation, and others. These could either limit one’s capabilities or could require additional tools or services.
There are many different types and subtypes of disabilities that are protected under federal and – even more so – California law.
Reasonably Accommodate
In many disability laws, it is stated that businesses, for example, must reasonably accommodate persons with disabilities. But what does this mean? To reasonably accommodate someone means to give them the tools and services necessary to have a comparable experience to an able-bodied individual. However, each law should specifically state the details of the law.
What the Law Says About Discrimination
Nobody has the right to deny services, employment, housing, or goods to someone due to a disability. And there are many laws in place to protect this. While we cannot touch on all of them today, we will look at a few of the most powerful disability discrimination laws.
The Americans with Disabilities Act (ADA): This is a federal act that protects those who have disabilities. It requires that these individuals have the right to the same quality of life as everyone else – by way of reasonable accommodations.
Fair Housing Act: Another federal protection is the Fair Housing Act. It ensures that individuals with disabilities do not find themselves discriminated against when it comes to housing. This can apply to renting properties, or buying and selling. In addition, it requires that all building owners comply with a certain level of reasonable accommodations so that those with disabilities can have an equal opportunity for life at home.
Rehabilitation Act: This, too, is a federal level of protection. It holds that those with disabilities cannot be discriminated against when it comes to any federally conducted or funded programs. Federal operations and private businesses are all held liable for protecting the rights of the disabled.
So, where does the State of California step in? They provide the following protections for disability rights:
Unruh Civil Rights Act: The Unruh Civil Rights Act further protects those with disabilities from discrimination by all businesses – including housing and public accommodations. This includes everything from movie theaters, hospitals, hotels, restaurants, beauty parlors, and so forth. Individuals with disabilities have the same right as everyone else to have access to all public spaces.
Fair Employment and Housing Act: The Fair Employment and Housing Act (FEHA) is another California-based protection. It adds more strength and power to those rights addressed in the Fair Housing Act. It states that the protections are for those with a physical or a mental disability – giving more definition to it.
Short-Term Disability Insurance
Disability doesn’t always come as a long-term situation. Sometimes, it could be something temporary. For instance, as an employee in California, you may enter the Short Term Disability Insurance (SDI) program through your payroll deductions. This is done so that should you ever get injured or find yourself unable to work due to a disability, you can still collect weekly benefits. Administered by the Employment Development Department (EDD) in California, this is not meant to be a long-term solution, but rather a way to have something come in until you get back on your feet – and back to work.
SDI can be awarded to those who are injured and unable to do their job, but it can also apply to those who are pregnant or those who are pregnant or have to undergo elective surgery. You can receive benefits for a certain period – unless you are:
- Receiving unemployment benefits, sick leave, family leave, etc.
- Convicted of a felony or are incarcerated.
- Failing to show up at doctor’s appointments set by the EDD.
- Receiving worker’s comp payment.
Any of these instances may leave an employee suddenly disqualified from receiving SDI payments.
Facing Discrimination for Your Disability?
If you have a disability and have been discriminated against in some way – whether at your place of employment, at a business in your community, when trying to secure housing, or something else – then it is important that you know your rights.
Always be sure to consult with an attorney to determine whether or not your rights have been violated – and, if so, what you can do about them. Remember, many different laws on your side can help you get the proper treatment you deserve. The problem is knowing which laws are best applied to your current situation.
This is where a California disability lawyer will come in.
An experienced lawyer knows how to prove your case and the necessary legal tactics to do just that, in addition to knowing the right (and right amount) of damages to go after. There are many different types of disabilities, many different laws, and many different situations. This means that every situation will be unique and will require very careful and strategic moves to win your case.
Are you in search for a certified attorney to represent you?
Let us help you find one today!