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Prohibited Employer Actions under ADA and FEHA

If you are an employer, you should be familiar with American with Disabilities Act (ADA) and California’s Fair Housing and Employment Act (FEHA). Said acts ensure that disabled employees are not discriminated against in the workplace. So what do these two acts entail?


Under the ADA and FEHA an employer cannot:

  • Fail to make a reasonable accommodation for someone with a disability.
  • Use qualification standards, employment tests, or other selection criteria that screens out or tends to screen out individuals with disabilities.
  • Have a policy with an adverse effect on people with disabilities, even if that was not the intent of the policy. One example is when a policy states that an employee who has an absence from work after exhausting all leave options will be terminated, without exception. This is illegal since disabled individuals may require further accommodation.
  • Retaliate against an individual because that person opposes an employer act or a practice that is unlawful.
  • Ask a job applicant whether she or he is an individual with a disability.
  • Ask a job applicant about any job-related injuries or workers’ compensation history.
  • Force an applicant to take a pre-offer medical examination or psychological examination.

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Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit if you have any questions regarding your rights at the workplace.