Disability Discrimination Lawyer in California
Disability discrimination occurs when someone is treated negatively or harassed because of an actual or perceived disability. When this happens in the workplace, these actions are in violation of laws outlined in the Americans with Disabilities Act (ADA). This set of laws was established in 1990 and was designed to protect the rights and privileges extended to handicapped people as well as prevent mistreatment and prejudice. Mesriani Law Group has a team of lawyers who are experienced in handling workplace disability discrimination cases in California.
What a Disability Discrimination Attorney Can Do For You
Hiring a California disability discrimination attorney is vital to maximizing the probability of a successful disability discrimination lawsuit against an employer. Prior to a lawsuit being filed, providing an formal claim that contains your grievance must be submitted to the Equal Employment Opportunity Commission (EEOC). This claim requires factual information that an experienced lawyer will comprehend how to collect and submit. Navigating the EEOC discrimination complaint process is also something that will require the support of an experienced disability discrimination attorney. There are multiple deadlines that need to be met to make sure that the case is not declinedt. Hiring an experienced Employment attornery to represent you will ensure that everything, from collecting corroboration to paperwork is completed properly and on a timely matter.
How to Describle a Disability Discrimination?
Disability discrimination is classified as when an employee is treated differently or unequal to others in similar roles. This contrast in treatment is usually to the detriment of the individual with the disability. This conduct does not have to be carried out by the employer but if this activity is permitted to continue in the workplace, it becomes an employer’s responsibility to halt it. Americans with Disabilities Act prohibits this act and clearly outlined by law.
How to Distinquish Disability Discrimination?
Occasionaly it can be difficult to distinguish if you are dealing with disability discrimination. This can lead you to some questions you may think of:
- Have you been passed on for promotion when you were qualified?
- Was your disability discussed before being denied for a job?
- Has news of a disability changed how you are being treated at work?
- Are reasonable accommodations being denied?
All these questions need to be answered to determine if how you are being treated at work can qualify as disability discrimination. Sharing your story during a free consultation will really help your legal representation determine the best actions to move forward if you have a disability discrimination claim.
Examples of Disability Discrimination
The following examples identify instances of disability discrimination:
- Exclusion or selection based on mental or physical disability during any stage of employment including hiring, firing, promotions, benefits, time off, etc.
- Workplace harassment contravene by a person’s disability
- Contravene an individual’s privacy to personal medical information / requiring medical exams prior to employment
- Not providing equitable accommodations for employees with disabilities
- Unfair job tasks
- Keep up an environment that creates obstacles for the movement of the handicapped
- Retaliation for disability connected medical leave or accommodations
What Are The Laws That Protect Against Disability Discrimination?
Its crucial to know that the American with Disabilities Act was established to provide an environment better suited for those that were impacted by mental and physical handicaps. It was designated to make the future more inclusive by altering building requirements and employment laws to be more accessible for the disabled. The ADA outlines how buildings must now have certain features that make handicapped access a precedence and as the world has become more digital, the ADA has also expanded to enclose the internet and how information is displayed. In addition to creating regulations that encourage access, the ADA also creates strict instructions that ensure that those that are disabled are still provided the opportunity to live their lives free of discrimination in public and the workplace.
FEHA vs ADA
The Americans with Disabilities Act
Significant federal legislation whose sole purpose in improving the quality of life for all individuals that live with a mental or physical disability in public and in the workplace. According to the ADA, a disability is an impairment that significantly limits a major life activity.
The Fair Employment and Housing Act
State level anti-discrimination law that bans discrimination against any protected class, this is including people enduring any disabilities. This law is designated to promote accessibility and decipher mistreatment and discrimination. FEHA defines disability as impairment that makes life more difficult.
Key Differences between the ADA and FEHA:
- The definition of “disability” is much more restrictive in the ADA than the FEHA.
- FEHA standards normally exceed those outlined in the ADA but if they do not, FEHA defaults to the ADA minimum standards.
- FEHA places no limitations on the amount an employee can recover in a disability discrimination claim.
- FEHA applies to businesses with 5 or more employees while ADA covers those with 15 or more.
- FEHA provides broader reasonable accommodations than those required by the ADA.
Who is Covered Under the American Disability Act?
Those that are protected under the ADA are any individual enduring with disability. This is defined as those who:
- Have a physical or mental impairment that affects different aspects of their lives.
- Have a record or can otherwise prove handicap.
- Is understood or seen by others as having some form of handicap.
The anti-disability discrimination laws impact any that is an employee, an ex-employee, prospective hire, transfer, independent contractor, and even an intern.
It is vital to note that disability can be caused by a an nonpermanent injury so any retaliation against an individual for taking time off due to injury, surgery, disease, or mental health issue can be grounds for a disability discrimination claim.
Who is Not Covered by the ADA?
Disability coverage does not include mild illnesses like the common cold, flu, COVID, or minor GI issues. Nor does it cover certain behavioral issues like gambling, kleptomania, pyromania, drug abuse, or sexual deviancy
Who Can Be Classified as a Qualified Worker with a Disability?
In order to be a qualified worker with a disability, the worker must be able to carry out the basic functions of the jobs if reasonable accommodations are constructed by Employer. These classification enables the expansion of the pool of applicants to those that may be impacted by a physical or mental handicap. Preference does not need to be given to someone with a disability just because they have endured a disability.
Physical Disability
Physical disability is classified as having any physiological disease, dysfunction, condition, or disfigurement that:
- Impacts a major body system
- Limits significant activity unless medications are taken, assistive devices are implemented, or reasonable accommodations are constructed
- Requires special training or supplemental services
Mental Disability
Mental disabilities surrounds any psychological disorders like mental illness or learning disabilities that limit a major life activity. Mental health disabilities can be applicable to those who deal with health conditions like anxiety, depression, and bipolar disorder
Medical Conditions
Disability protections extend to those agonized from an medical conditions, including cancer and genetic disorders.
How to Determine Reasonable Accommodations Through an Interactive Process?
When a employee becomes disabled, employers must supply an reasonable accommodations for the affected worker by engaging in what is called an “interactive process.” During this time, an employer must decide an appropriate reasonable accommodation through a system of trial and error to see what accommodations must be made for an employee to be able to do their job effectively. These accommodations can include the following:
- Flexible work scheduling
- Providing leave for treatment, therapy, or recovery
- Work environment accessibility improvements
- Implementing new processes to accommodate for disability
Both the ADA and FEHA mandate that employers participate in this interactive process in a manner that does everything possible under every circumstance to enable the disabled employee in their current position. If this approach is not taken to determine reasonable accommodations, employers take the high risk of being sued for disability discrimination.
When Should A Reasonable Accommodations Be Required?
Employers are accountable for making reasonable accommodations if the accommodations are not cost prohibitive, and the condition qualifies an individual as disabled. This is usually upheld if the condition limits a major life activity like social interaction, basic life functions, working, physical activity, & mental activity at the workplace.
When Are Reasonable Accommodations Not Required?
Reasonable accommodations are not mandated when the accommodations are cost prohibitive and cause undue hardship on a business to implement. Majority of the reasonable accommodations should be affordable, but in some exmaples finding ways to keep a disabled person employed is too much of a financial burden on a business to be sustainable.
What Should You Do if You Have Been a Victim of Disability Discrimination?
If you or loved one believe that you have been victim to disability discrimination in the workplace, it is crucial to start collecting evidence as soon as an incident occurs. Speaking with an experienced disability discrimination lawyer at Law Mart can help you to determine the correct next actions to initiate to impose strong disability discrimination claim against your employer. Our employment attorney will instruct you on how to request reasonable accommodations and how to ensure that your rights are protected while you pursue damages for disability discrimination.
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Through our wealth of experience, we know that the main reason why victims of accidents or of unjust treatment by employers are hesitant to file cases or claim damages against the parties at fault, and this is because of the high legal fees associated with the case.
In order to resolve this matter and help more people get the maximum compensation they deserve against the people who caused their injuries, pain and suffering and losses, we decided to offer a No Win No Fee guarantee to all our clients. This means to you that you don’t have to pay us anything for our discrimination attorneys, regardless of the complexities of your claims, if they are not able to provide you with the justice you deserve. It is that simple!
Our employment attorneys are confident that their experience, expertise and dedication will always translate in getting the best compensation you deserve at the swiftest possible time. Call our top personal injury attorneys right away for your personal injury accidents or our best employment and labor law attorneys in California for any employee related concerns and we’ll assure you of nothing but the best legal service and personalized client care you deserve. Call us today at (310) 689-6
