In the realm of corporate leadership, one might assume that executives operate on a different legal plane. However, a San Francisco disability discrimination attorney from The Armstrong Law Firm can confirm that when it comes to disability discrimination, California law protects all employees, regardless of title.
Executives and California’s Fair Employment and Housing Act (FEHA)
When we talk about disability discrimination under California law, the most powerful shield is the Fair Employment and Housing Act (FEHA). FEHA prohibits discrimination in employment based on physical disability, mental disability, or medical condition, including cancer, HIV/AIDS, and genetic characteristics, and covers employers with as few as five employees, offering broader protection than federal law.
Executives clearly fall within the category of “employees” under FEHA. California courts and legal authorities have affirmed that executives are not exempt from such protections, regardless of title or salary. Whether you are a C-suite officer or a department head, the law extends the same rights to you as to an hourly worker.
Reasonable Accommodations
Under FEHA, like federal law (ADA), employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so constitutes an undue hardship. This can include modifying work schedules, facilitating remote work, or adjusting responsibilities. California’s interpretation is often broader, reflecting its strong public policy in favor of access and inclusion.
Executives, though often highly specialized and integral to organizational strategy, are still entitled to request and receive accommodations that enable them to perform essential job functions. The law does not alter the analysis due to rank or compensation.
Scope of Protection
FEHA’s definition of disability is broad, encompassing conditions that substantially limit major life activities, even if the condition is episodic or ameliorated. Additionally, California law protects employees from discrimination based on perceived disability or association with someone with a disability.
Beyond FEHA, other California civil rights statutes reinforce these protections. The Unruh Civil Rights Act guarantees equal treatment in business contexts, including public accommodations, while the Disabled Persons Act ensures access to public facilities and services. Although these acts are not employment-specific, they underscore California’s expansive approach to disability rights.
Retaliation and Enforcement
Executives also benefit from protections against retaliation. Under FEHA, an employer cannot retaliate against someone for requesting accommodations or filing a complaint, even if that person is in senior management.
If discrimination or retaliation occurs, remedies may include reinstatement, back pay or promotion, damages for emotional distress, punitive damages, and changes to company policies, not unlike what hourly employees might receive. The California Civil Rights Department (CRD) enforces these laws and may mediate disputes or pursue litigation on behalf of individuals.
Strategic Considerations for Executives
While California law protects executives, enforcing those rights can be complicated by employment contracts with severance, confidentiality, or non-disparagement terms.
- Documentation: Keep clear records of discriminatory conduct, but only use materials you are authorized to retain.
- Severance: Most packages require waiving claims, so review them carefully before signing.
- Confidentiality: California’s Silenced No More Act limits overly broad clauses, but executives should still weigh reputational and career impacts.
Due to these factors, executives must approach disability claims with a strategy that balances legal rights with contractual obligations and professional standing.
Disability Protections Reach Every Level
California law makes it clear that disability protections apply to everyone in the workplace, from entry-level employees to top executives. While executives may face added layers of complexity, their rights remain the same. Understanding the legal protections and the strategic considerations is essential for leaders confronting disability discrimination.