PROHIBITED EMPLOYER ACTIONS UNDER ADA AND FEHA

By Law Offices of Payab & Associates

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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David from Payab & Associates helped me out immensely when I was at a complete dead end and had no idea what next steps to take. He was able to guide me through all my options and he was so understanding of my situation throughout our communication.

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I was looking for every possible solution to my legal inquiry, and David was really helpful. He is knowledgeable about many legal facets and took the time to educate me about the pros and cons of different choices I could make. He provided cheaper options I can take, which is important for me to consider as a student seeking legal advice. I didn't feel rushed and I felt heard, which is important for over-the-phone consultations. I see myself contacting David again, he's great!

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Payab & Associates was extremely helpful and supportive to me for my legal consultation. They answered every question I had in a very clear and understandable manner without getting too much into legal jargon. Very professional and I would most definitely recommend them to friends and family

- Andrew R.
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I spoke with Mr. Payab through USC's legal consultation program, and he was very helpful and provided detailed advice and assistance. During the consultation, he explained the necessary processes to remedy the issues I was facing and provided tips on clauses to include in the documentation. Mr. Payab was very professional and I would definitely recommend his services. I will definitely contact him again for any future legal advice or consultations.

- Sameer A.
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Mr. Payab and his entire office are truly amazing and Heaven sent! Look no further when seeking counsel. Mr. Payab is extremely wise and I absolutely give him a five star, first class rating. He is the best in the business. The communication, knowledge, and work ethic is outstanding. I am truly grateful for his counsel. David really cares about his clients and it shows.

- Shy D.
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David is amazing, he gave me the best possible advice and several different options. He explained the pros/cons of each option and let me decide how to proceed.

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Why Choose The Law Office of Payab & Associates?

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Employment Law

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