FEHA and Workers’ Compensation: What Injured Employees Should Know

In California, an injured worker may be protected by both the state’s workers’ compensation system and the Fair Employment and Housing Act (FEHA). While workers’ compensation provides medical care and wage replacement after a job-related injury, FEHA protects workers from discrimination and ensures equal treatment in the workplace, especially for those with lasting medical restrictions.

These two systems can overlap, and understanding both is important when planning a return to work or responding to an employer’s actions after an injury.

What Is FEHA?

The Fair Employment and Housing Act is a California law that prohibits workplace discrimination based on certain protected characteristics, including physical or mental disability. The law applies to employers with five or more employees and requires them to:

• Provide reasonable accommodations for employees with disabilities
• Engage in a good-faith interactive process to assess accommodation needs
• Avoid retaliating against workers for asserting their rights

FEHA protections apply whether or not the injury is work-related. However, many workers’ compensation injuries result in conditions that qualify as disabilities under FEHA.

How FEHA Applies to Work Injuries

If a job injury results in a condition that limits major life activities or work functions, the injured worker may be considered a person with a disability under FEHA. This means the employer cannot:

• Terminate the employee solely because of the injury or disability
• Refuse to offer a reasonable accommodation if one is available
• Ignore requests for modified duties or work restrictions
• Retaliate because the employee requested accommodations or filed a claim

Even after workers’ compensation benefits end, FEHA obligations continue if the worker remains employed or is seeking reinstatement.

Reasonable Accommodations After a Work Injury

A reasonable accommodation is any change to the work environment or job duties that allows the employee to perform essential functions despite medical restrictions. Examples include:

• Modified equipment or workstations
• Reduced or flexible hours
• Reassignment to a vacant position
• Assistance with lifting or repetitive tasks

Employers must consider these options unless doing so would cause an undue hardship. They are not required to eliminate essential job duties or lower performance standards.

The Interactive Process Requirement

Under FEHA, employers must engage in a timely, good-faith interactive process with the injured worker to explore possible accommodations. This process typically involves:

• Reviewing medical documentation
• Discussing work restrictions
• Evaluating whether the job can be modified
• Exploring alternate positions if needed

Failure to engage in this process can be a violation of FEHA, even if a suitable accommodation is not ultimately found.

When to Take Legal Action

If an employer refuses to accommodate work restrictions, ignores medical limitations, or takes disciplinary action after an injury, the worker may have a legal claim under FEHA. This can include claims for:

• Discrimination
• Retaliation
• Failure to accommodate
• Failure to engage in the interactive process

Workers must file a complaint with the California Civil Rights Department (CRD) before pursuing a civil lawsuit. There are strict deadlines involved, so timely action is important.

Get Help With FEHA and Workers’ Compensation Issues

Navigating both FEHA protections and workers’ compensation laws can be complicated, especially when a work injury leads to lasting disability. The Law Offices of Norman J. Homen helps injured workers across California understand their rights, secure accommodations, and take legal action when necessary. Contact us today for a free consultation.