California Disability Discrimination Attorney
State and federal laws require employers in California to provide reasonable accommodations for workers dealing with disabilities. But far too often, employees have their requests for assistance ignored or denied. Even worse, workers with disabilities face harassment or retaliation when they take steps to assert their rights under the law.
When employers fail to live up to their obligations, they can be held liable for disability discrimination. The knowledgeable and compassionate attorneys at Justice Law Corporation know how to work effectively to secure compensation for employees suffering from discrimination. Working with an experienced California disability discrimination attorney to enforce your rights under the law, you can help ensure that your employer provides fair treatment for everyone in the workplace going forward.
Understanding Disability Discrimination
Employment discrimination against individuals with disabilities can manifest in numerous ways. When an employer denies an opportunity to a worker because of their disability or otherwise treats that employee negatively because of a disability or perceived disability, that can be considered unlawful discrimination. While illegal discrimination could involve an action such as a wrongful termination, it may be something much more subtle, such as refusing to provide training or a promotion because of a disabling condition.
Harassing someone because of their disability is also illegal. If an employer allows unwelcome jokes about a disabling condition, that can create a hostile work environment that violates the worker’s legal rights.
Disability discrimination in the workplace often occurs when an employer refuses to provide reasonable accommodations that enable an employee to perform their job optimally. Employers also commit unlawful disability discrimination when they take action that amounts to retaliation against an employee who has filed a complaint, requested accommodation, or otherwise exercised their rights under the law.
The team at Justice Law Corporation understands that it is not always easy to ask an employer for special measures to accommodate a disability. When that request is treated with contempt or callous disregard for the worker’s needs, the experience can be humiliating and discouraging. It is also often illegal. And when it is, our attorneys fight with determination to obtain fair compensation for past discrimination and proper treatment in the future.
Disability Laws That Apply to Workers in California
Employees in California are protected by both state and federal law in many cases. When the provisions of California law offer more protection, employees often have the opportunity to enforce their rights under state law rather than federal law. Every case is different, however, because of the circumstances involved. A California disability discrimination attorney can review the specific details and conduct an analysis to reveal the advantages and disadvantages of pursuing a particular claim through state law compared with federal law.
Americans with Disabilities Act
The federal Americans with Disabilities Act (ADA) was enacted in 1990 to give individuals with disabilities civil rights protections similar to those provided against discrimination based on race, color, sex, national origin, religion, and age. The law was expanded in 2008 and has been supplemented by federal regulations. The goal of the laws is to ensure that individuals with disabilities have equal access to employment and other opportunities, such as housing and transportation.
A disability is defined in the ADA as a physical “physical or mental impairment that substantially limits one or more major life activities.” If someone is on record as having such an impairment or is considered to have one, they qualify for protection under the law, even if they are not currently experiencing it.
This law applies to most employers who have 15 or more employees. The provisions prohibit employers from treating qualified employees unfavorably in any aspect of employment —such as hiring, termination, compensation, promotions, layoffs, training, job assignments, and fringe benefits —when that unfavorable treatment is triggered by their disability. In addition, the law requires employers to make changes to accommodate the needs of workers with disabilities, so long as those changes do not cause “undue hardship” to the employer.
Examples of reasonable accommodations suggested by the U.S. Equal Employment Opportunity Commission, the agency that enforces the law, include:
- Providing a reader for an employee who is blind
- Providing an interpreter for an employee who is deaf
- Making adjustments to the workplace to make the space accessible for wheelchair users
- Changing the work schedule
- Allowing an employee to work from home
- Granting leave for treatment of conditions related to the disability
In addition, if it is not possible to make accommodations for a particular job, the employer could accommodate the employee’s needs by reassigning them to another position.
Employers can refuse to make accommodations if the requested measures would pose an undue hardship to their business, as they might be too expensive or difficult to provide, given the business’ size and nature. At Justice Law Corporation, we know that employers often insist that a requested accommodation presents an undue hardship when, in reality, it does not. We work to show how these employers are making claims in bad faith and should be held accountable for unlawful discrimination.
California Fair Employment and Housing Act
Workers in California with disabilities are protected by special provisions in the California Fair Employment and Housing Act (FEHA). This law applies to employers with five or more employees.
The provisions of California state law provide examples of disabilities that qualify for protection under the law. These include:
- Physiological disorders
- Cosmetic disfigurement
- Anatomical loss
- Mental conditions such as mental retardation, mental illness, organic brain syndrome, and certain learning disabilities
- Psychological disorders
- Vision and hearing impairment
- Drug addiction and alcoholism
- Cancer, heart disease, and diabetes
- Cerebral palsy, epilepsy, muscular dystrophy, and multiple sclerosis
California law requires employers to provide reasonable accommodations for a disability as soon as the employee discloses it or the employer otherwise becomes aware of the disability.
Get a Free Case Evaluation from a California Disability Discrimination Attorney at Justice Law Corporation
There is nothing standard about a case involving disability discrimination in California. Every employee faces unique challenges, and every employer is situated a bit differently. That means that you need to speak to an experienced California disability discrimination attorney about the specific details of your situation if you want to gain an accurate assessment of remedies available in an employment disability discrimination case.
At Justice Law Corporation, we are dedicated to protecting the rights of employees, fighting to remedy past violations of the law, and securing safeguards for the future. Call us today at 818-230-7502 or contact us online for a free consultation and evaluation of your case.
FAQs About Disability Discrimination in Employment
The protections against disability discrimination in employment are more recent than those based on other factors, such as race. As a result, workers often have many questions about how the laws are applied and how a California disability discrimination attorney can help them take advantage of the best legal remedies. If you’d like to know about the opportunities available in your particular situation, we invite you to contact us for a free consultation. Here are general answers to the questions we receive most frequently.
How Will I Know if I Qualify for Protection Under Disability Discrimination Laws?
The starting point to assess whether someone is considered to have a disability under the ADA or FEHA is whether they have a condition that limits a “major life activity.” This essentially means that a disability is something that makes it harder to manage basic activities such as seeing, hearing, walking, speaking, reading, eating, and socializing. The condition that makes it hard to manage these activities can be a physical or mental condition, including an addiction to drugs or alcohol. It should be a long-term condition, but employees suffering from short-term disabilities may be eligible for leave under the Family and Medical Leave Act or the California Family Rights Act.
How Can I Tell if an Accommodation is Reasonable?
The legal determination about whether a requested accommodation is reasonable is based entirely on the circumstances. What would be reasonable for one employer could be considered an undue hardship for another employer in a different situation. The employer has the burden of proving why a requested accommodation would prove to be an excessive encumbrance. If there are two or more options for accommodating an employee’s disability, the employer is allowed to choose which option they want to implement.
What Should I Do If My Employer Refuses to Provide Equipment or Services to Enable Me to Do My Job?
It is a good idea to review the employer’s policies on how to request an accommodation and check if there is an internal process for appealing a denied request. You should keep copies of all correspondence regarding the request, and make prompt notes of any verbal communications. If the employer refuses to cooperate, then you can contact a knowledgeable California disability discrimination attorney for advice on how to proceed next. You might decide to file a complaint with the California Civil Rights Department or the Federal Equal Employment Opportunity Commission. If these channels don’t provide resolution, then a lawsuit in state or federal court may be necessary to enforce your rights.
How Do You Prove Disability Discrimination in the Workplace?
Proving that an employer has discriminated because of a disability can be challenging, which is why it is helpful to work with an attorney experienced in the process. It is important to consider a variety of factors, including how similarly situated employees have been treated. Keeping copies of correspondence, performance reviews, and other records of your performance and treatment can be helpful. It is also helpful to speak with co-workers who can serve as witnesses to workplace treatment.
How Much Does it Cost to Hire a California Disability Discrimination Lawyer?
At Justice Law Corporation, our attorneys work on a contingency fee basis, so you do not pay anything up front to hire our team. Instead of charging fees on an hourly basis as many attorneys do, we deduct a fee from your recovery at the end of the case. That means you don’t pay until we win.