Discrimination and Harassment Questions & Answers 

Disabilities

• What employment laws protect disabled individuals and which employers are covered?
• Are there any circumstances where I can refuse to hire an individual because of his/her disability?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?
• We have a patient who wants to bring her dog with her to her appointments. One of our employees is deathly afraid of dogs and another employee is allergic to dogs. Can we refuse to have a dog on our premises?
• Does CFRA begin immediately after the baby is born or after PDL ends?

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Essential Functions

• If a disabled person applies for a job, do I have to choose him or her over other candidates?
• How do I know what the essential functions of a job are?
• Can I refuse to hire applicants who have heavy foreign accents or who are not highly fluent in English?

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Investigations

• Do I have to investigate every claim of harassment?
• If there is a claim of sexual harassment by one of my employees, can I interview the alleged harasser?

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Reasonable Accommodation

• Are there any circumstances where I can refuse to hire an individual because of his/her disability?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?
• How do I know what the essential functions of a job are?
• What kinds of things might be required as reasonable accommodations, and how do I figure out which ones to use in a particular situation?
• Do I have to keep an employee with a serious health condition on the job?

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Sexual Harassment

• Is there a required poster and/or pamphlet about sexual harassment?
• What if an employee tells you that he/she is being sexually harassed but does not want you to do anything?
• What if an employee doesn't complain?
• Does the employee who is being harassed have to tell the harasser to stop before he/she can file a claim or lawsuit?
• What laws require sexual harassment training?

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Types of Discrimination

• May my dress code have different requirements for men and women without violating discrimination laws?
• Is there protection for applicant not hired because of no driver's license?
• What are the protected classes under the state and federal discrimination laws?
• Do all companies have to comply with discrimination laws?
• Can we require that our employees provide us with race and ethnic information?

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Workers' Compensation

• Can I fire someone while they are on workers' compensation?
• What can I do with an employee who is on workers' comp but who is part of a work unit I need to lay off?
• Can an employee who is injured at work recover damages under workers' comp and claim disability discrimination?
• Do disability discrimination laws protect a person recovering from an injury?
• Can I fire an injured worker?

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