We Are Experienced Disability Discrimination Attorneys
In California, individuals are legally protected from disability discrimination in the workplace. A person is considered disabled if they have a physical or mental impairment that substantially limits major life activities, such as:
- Breathing
- Seeing
- Walking
- Socializing
- Reading
- Eating
- Hearing
- Speaking
To qualify as a disability, the condition must be long-term or permanent. Despite legal protections, disability discrimination remains a persistent issue for both employees and job applicants. Unfortunately, proving discrimination can be challenging without legal assistance.
What Constitutes Disability Discrimination?
Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), individuals with disabilities are a protected class. It is illegal for an employer to discriminate based on disability by:
- Terminating employment
- Denying a promotion
- Refusing to hire
- Creating a hostile work environment
Failure to Provide Reasonable Accommodations
Employers are legally required to provide reasonable accommodations to disabled employees unless doing so would cause undue hardship. These may include:
- Accessible workplace facilities
- Reassignment to a vacant position
- Modified work schedules or duties
- Assistive technology or equipment
Employees are also entitled to medical leave under the Family and Medical Leave Act (FMLA). Denying FMLA leave or retaliating against an employee for requesting it constitutes disability discrimination.
Your Rights Under Disability Discrimination Laws
If you have been mistreated at work because of your disability, you may be entitled to compensation for:
- Lost wages and benefits
- Emotional distress
- Punitive damages (in cases of willful discrimination)
To pursue a successful claim, an employee must demonstrate:
- A qualifying disability
- The ability to perform the job’s essential functions with or without accommodation
- Unlawful discrimination based on disability
An experienced disability discrimination attorney can help assess your case, negotiate your employer and, if necessary, take legal action.
Why should I act quickly?
Under California employment law, your case is subject to a statute of limitations, meaning it must be filed before a specific deadline. To ensure you don’t miss this crucial timeframe, it’s important to consult a California employment law attorney as soon as possible.
