Performance-Based Termination vs. Disability Discrimination: The California Distinction

📌Key Takeaways:

• Legal Framework: California’s Fair Employment and Housing Act (FEHA) prohibits disability discrimination and requires employers to provide reasonable accommodations for known disabilities when employees can perform essential job functions with such support.
• Interactive Process Requirement: FEHA mandates employers engage in a timely, good-faith interactive process to determine effective accommodations for employees with disabilities before making termination decisions.
• Performance Standards: While employers can maintain legitimate performance standards, they must consider whether an employee’s disability affected performance issues and if accommodations could address these concerns before termination.
• Essential Job Functions: FEHA doesn’t require employers to eliminate core job duties, but modifications that allow employees to meet performance expectations without compromising essential functions may be required.

Understanding the intersection between performance concerns and disability protections requires careful case-by-case evaluation under FEHA provisions.

In California, employment relationships can end for many reasons. However, when a termination follows performance concerns that arise after a disability is disclosed or accommodations are requested, the situation may fall under the scope of the California Fair Employment and Housing Act (FEHA). FEHA prohibits disability discrimination and outlines specific employer responsibilities when performance issues intersect with known disabilities.

This article provides an overview of how California law addresses the distinction between performance-based termination and disability discrimination. It explains relevant provisions of FEHA, including the obligation to provide a reasonable accommodation and engage in the interactive process. Understanding these legal concepts can help clarify how the law applies to workplace performance expectations when disabilities are involved.

Understanding California’s Disability Discrimination Protections

California law, through FEHA, prohibits discrimination against individuals with physical or mental disabilities in employment settings (Gov. Code § 12940). The statute defines a disability broadly, including conditions that limit a major life activity, such as walking, working, or concentrating (Gov. Code § 12926).

FEHA requires employers to provide reasonable accommodations for the known disabilities of employees, provided the employee can perform the essential functions of the job with or without such accommodations (Gov. Code § 12940(m)). Examples of reasonable accommodations may include modified duties, adjusted schedules, or assistive equipment.

Additionally, FEHA mandates that employers engage in a timely, good-faith interactive process to determine effective accommodation for employees with disabilities (Gov. Code § 12940(n)). This interactive process is central to determining whether accommodation is feasible and whether the employee can meet job expectations with support.

How FEHA Addresses Performance-Based Terminations

FEHA acknowledges that employers may maintain legitimate performance standards. However, when performance concerns arise in connection with a known disability, the law imposes specific obligations on the employer. FEHA provides that an employer may not terminate an employee “because of” a physical or mental disability if reasonable accommodations could have enabled the employee to perform essential job functions (Gov. Code § 12940(a)).

Employers are not required to lower performance expectations, but the law does require them to consider whether the employee’s disability played a role in any perceived deficiencies. If the employee has requested accommodation or disclosed a disability, the employer must determine if those accommodations might address the performance issues before proceeding with termination.

HYPOTHETICAL EXAMPLE – FOR ILLUSTRATION ONLY

Consider a situation where Person A, a warehouse employee, begins making errors after developing a medical condition that affects concentration. Person A informs their supervisor and requests accommodations. Instead of engaging in the interactive process, the employer terminates the employee based on performance.

This scenario illustrates the concept of how performance-based termination may potentially intersect with disability discrimination if the employer fails to explore accommodations.
Depending on additional factors not presented here, this situation might be viewed differently.
This hypothetical example is provided solely to illustrate legal concepts and not to suggest any particular course of action.

Relevant Legal Provisions Under FEHA

Several statutory provisions in FEHA govern how disability and performance issues are handled in the workplace.

• Gov. Code § 12940(a) prohibits employers from terminating or otherwise discriminating against employees based on physical or mental disability.
• Gov. Code § 12940(m) establishes the duty to provide reasonable accommodations to enable employees to perform the essential functions of their jobs, unless doing so would cause undue hardship.
• Gov. Code § 12940(n) imposes the obligation on employers to engage in the interactive process once they become aware of an employee’s disability and potential need for accommodation.

An essential aspect of these provisions is the concept of essential job functions. FEHA does not require employers to eliminate or significantly alter core job duties as accommodations. However, modifications that allow the employee to meet performance expectations without compromising essential functions may be required.

HYPOTHETICAL EXAMPLE – FOR ILLUSTRATION ONLY

Consider a situation where Person B, a forklift operator with a back condition, can no longer lift heavy boxes but can still operate machinery. The employer terminates Person B without discussing possible accommodations, such as assigning lifting duties to another team member.
This scenario illustrates the concept of the employer’s duty to consider accommodations before termination.
Depending on additional factors not presented here, this situation might be viewed differently.
This hypothetical example is provided solely to illustrate legal concepts and not to suggest any particular course of action.

Conclusion

FEHA provides detailed protections for employees with disabilities in California, particularly when workplace performance concerns arise. The statute outlines the employer’s responsibilities to provide reasonable accommodations and to participate in a good-faith interactive process. Terminating an employee without considering these obligations may raise concerns under FEHA.

Understanding how performance-based termination interacts with disability protections requires a careful review of the facts and relevant legal provisions. Individual circumstances vary, and FEHA requires a case-by-case evaluation.

This information is general in nature; individual situations have unique factors that would require evaluation by a qualified attorney.

Frequently Asked Questions (FAQs)

Q: What does FEHA say about reasonable accommodation for performance-related situations?

A: California’s FEHA (Gov. Code § 12940(m)) requires employers to provide reasonable accommodations for the known physical or mental disabilities of employees. This includes modifications or adjustments that enable the employee to perform essential job functions. Employers are also required to engage in a good-faith interactive process (Gov. Code § 12940(n)) to explore suitable accommodations.
This information is general in nature; individual situations have unique factors that would require evaluation by a qualified attorney.

Q: What does California law say about performance-based termination and disability discrimination?

A: FEHA (Gov. Code § 12940) prohibits terminating an employee because of a disability, particularly when reasonable accommodations might enable the employee to meet job expectations. However, employers are not obligated to retain employees who cannot perform essential job functions even with accommodations.
This information is general; specific situations have unique circumstances that should be evaluated by a qualified attorney.

Frequently Unasked Questions (FUQs)

Q: What does FEHA say about workplace performance standards and disability?

A: FEHA addresses scenarios where performance standards intersect with disability. Employers must provide reasonable accommodations if an employee’s disability affects performance. However, FEHA does not explicitly require the alteration of performance standards themselves, though some job adjustments may be discussed during the interactive process.
This information is general; individual workplace situations should be evaluated by a qualified attorney.

Q: Why might the timing between disability disclosure and performance concerns be a relevant consideration?

A: Although FEHA does not expressly address timing, it prohibits adverse actions taken because of disability (Gov. Code § 12940). If performance concerns are raised soon after a disability disclosure, timing may be relevant in understanding whether the termination was discriminatory.
This information is general; individual situations require evaluation by a qualified attorney.

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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