📌 Key Takeaways
Facing termination after a back injury demands clarity on what is lawful and what may violate California’s protections.
Recognize Statutory Red Flags: Termination tied closely to a back injury disclosure may violate FEHA provisions prohibiting disability-based discharge, failure to accommodate, or refusal to engage in the interactive process.
Distinguish Legitimate from Illegal Termination: A lawful discharge is supported by documented, pre-existing performance issues or proven undue hardship, not sudden adverse actions post-injury disclosure.
Spot Interactive Process Failures: Ignoring accommodation requests, refusing discussions, or rejecting alternatives without undue hardship justification can breach California Code of Regulations § 11068.
Identify Improper Accommodation Denials: Blanket rejections without individualized assessment or failure to consider reassignment to a vacant position can violate Government Code § 12926(p).
Act Within Legal Timeframes: Deadlines for taking action can be short, making early consultation with a qualified employment attorney critical.
Clear statutory alignment and prompt legal guidance protect your rights after a back injury.
Employment laws are subject to change and may have exceptions. Excerpts provided below are current as of 2025. Consultation with a qualified employment law attorney is essential for case-specific guidance.
1. Identifying Concrete FEHA Violations in Back Injury Cases
Indicators of Potential Violation:
- Termination soon after disclosing a back injury.
- Documented refusal by the employer to engage in the interactive process.
- Written denial of reasonable accommodation requests.
- Sudden, negative performance reviews post-disclosure.
Relevant Statutory Language:
California Government Code § 12940(a):
“It is an unlawful employment practice… [f]or an employer, because of the… physical disability… of any person, to… discharge the person from employment.”
California Government Code § 12940(k):
“It is an unlawful employment practice… [f]or an employer… to fail to make reasonable accommodation for the known physical… disability of an applicant or employee.”
California Government Code § 12940(m):
“It is an unlawful employment practice… [f]or an employer… to fail to engage in a timely, good faith, interactive process with the employee… to determine effective reasonable accommodations.”
2. Distinguishing Lawful from Unlawful Termination Under California Law
Lawful Terminations May Involve:
- Legitimate business reasons unrelated to disability.
- Documented performance issues predating injury disclosure.
- Demonstrated undue hardship consistent with statutory standards.
Potentially Unlawful Terminations May Involve:
- Adverse employment action closely following back injury disclosure without legitimate, documented justification.
- Refusal to consider accommodations before termination.
3. Recognizing Interactive Process Failures
Indicators:
- Employer ignores written accommodation requests.
- Employer refuses to discuss possible adjustments.
- Alternative accommodation suggestions dismissed without analysis of hardship.
Relevant Statutory Language:
California Code of Regulations, Title 2, § 11068(a):
“It is unlawful for an employer… to fail to engage in a timely, good faith, interactive process with the employee… to determine effective reasonable accommodations.”
4. Common Patterns in Reasonable Accommodation Denials
Indicators:
- Blanket denials without individualized assessment.
- Employer fails to evaluate possible job restructuring.
- No effort to explore reassignment to a vacant position.
Relevant Statutory Language:
California Government Code § 12926(p):
“‘Reasonable accommodation’ may include… job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices… and other similar accommodations for individuals with disabilities.”
5. Resources for Professional Guidance
- California Civil Rights Department (CRD) (formerly DFEH) – Official guidance and complaint intake.
- California State Bar Attorney Referral Service – Connection to qualified employment law attorneys.
- Nonprofit legal aid organizations assisting eligible workers.
6. Professional Consultation Reminder
Every case depends on its unique facts. Identifying statutory language is only the first step. A qualified employment law attorney can evaluate whether the circumstances meet legal thresholds for a claim under FEHA and related regulations.
Disclaimer:
This content is for informational purposes only. This content is not legal advice. No attorney-client relationship is formed through this content. Please consult a qualified attorney in your jurisdiction for legal advice specific to your situation.
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