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A new California ruling makes it easier for employees to prove that they were discriminated against because of a physical disability.

What It Means to Be Discriminated Against Because of a Disability

When it comes to the employment law, discrimination has a very specific meaning.  As a general rule, it is not enough for someone to be mean to you at work; it has to involve an adverse employment action that is taken because of your race, sex, religion, national origin, physical disability or age.  In some states, sexual orientation and gender identity are also protected.

The “because of” part of the equation can be particularly hard to prove.  How can you demonstrate that your employer did not promote you because of your race or gender, for example, and not for other reasons?

A recent California employment law case clarified what it means to be discriminated against because of a physical disability.  In Wallace v. County of Stanislaus, a county sheriff had knee surgery and was unable to perform certain duties as a result.  Mr. Wallace was then demoted to bailiff and ultimately removed from that position and placed him on unpaid leave.  He then filed a lawsuit against the County and Sheriff’s Department.  A jury found that while Mr. Wallace should not have been demoted, the County did not have any ill will and did not discriminate against him based on his disability.

Mr. Wallace appeals, and the Fifth District Court of Appeals found in his favor.  It determined that  for disability discrimination cases, employees are not required to prove that an employer had any sort of ill will when it took an adverse action against an employee.  The Court found that disability cases are different than other types of discrimination cases because there is typically direct evidence of an employer’s motivation (such as an employee being injured or being diagnosed with an illness and then being fired or demoted as a result).  In contrast, most other types of discrimination cases are based on circumstantial evidence, without such a clear link between the status of the employee and the adverse employment action.

In making this ruling, the Court of Appeals found that even if an employer did not have any ill will towards the employee, it could still be found to have discriminated against an employee. An employer treats an employee differently “because of” the employee’s physical disability if the disability is a “substantial motivating reason” for the employer’s decision to take an adverse employment action against the employee (such as firing, demoting or a refusal to promote).  Ultimately, an employee need only prove that the employer knew or perceived that he had a disability (a physical condition that limited a major life activity) and that this physical condition was a substantial motivating reason for the employer’s decision to take an adverse employment action against the employee.

This ruling is incredibly positive for employees with physical disabilities, as it will make it easier for them to demonstrate that they were discriminated against based on their disability. It also means that if an employer commits a technical violation of an employment law, such as failing to provide reasonable accommodations, it could be the basis for holding an employer liable for disability discrimination.

The field of employment law is complex, particularly when it comes to discrimination cases.  If you believe that your employer has discriminated against you because of your physical disability, race, gender, age, religion or national origin, contact PLBH today at (800) 435-7542 or info@plblaw.com.  We are highly experienced in handling all types of employment discrimination cases, including those involving discrimination on the basis of physical disability, and will work hard to protect your rights.