LEARN HOW AN EMPLOYMENT ATTORNEY FOR DISABILITY DISCRIMINATION CAN PROTECT YOU
One of the beauties of working in the United States of America is the right to equal employment opportunities. According to the law, employees are free from discrimination regarding age, sex, race, religion, and physical or mental disability.
Unfortunately, these laws do not keep some employers from victimizing employees or applicants based on such characteristics. One of the most prevalent forms of discrimination happens to disabled workers. If you or someone you know faced mistreatment regarding a disability regarding employment, don’t hesitate to pursue prompt legal action.
WHAT IS DISABILITY DISCRIMINATION?
Discrimination can come in various forms, and it may be hard to distinguish between hard prejudice and what’s not. Under the Americans with Disabilities Act (ADA), it is illegal for an employer to discriminate against an employee or applicant with disabilities.
According to the ADA, a disability is a physical or mental impairment that limits ordinary life activities, basic tasks or affects bodily functions. Your discrimination attorney will describe five different categories of discrimination to help you identify your situation:
- Lack of Reasonable Accommodation
- Harassment
- Hiring Discrimination
- Penalties for Speaking Out
- Discriminatory Culture
ARE YOU COVERED UNDER CALIFORNIA DISABILITY LAW?
Policies regarding discrimination in California are broad. You are protected if you are:
- An employee with a disorder, condition, disfigurement, amputation, or disease that limits your ability to work or take part in life activities
- An employee with a history of physical impairment that might be disabling, perceived as a disability, or is a disability
- An employee who the employer believes is disabled (whether it is true or false)
- Have a history of medical conditions or impairments like cancer
- Those with a temporary disability – fractures, anxiety, stress, pregnancy, or other clinically diagnosed impairments
DISABILITIES RECOGNIZED UNDER ADA
The Americans with Disabilities Act (ADA) protects individuals from discrimination at work, places of public accommodation, state and local government services, transportation, and telecommunications. There are many disabilities recognized under the ADA, including physical or mental impairments. The following conditions are protected:
- AIDS/HIV
- Alcoholism
- Asthma
- Blindness and other visual impairments
- Cancer
- Cerebral palsy
- Depression
- Diabetes
- Epilepsy
- Hearing impairments
- Heart Disease
- Loss of body parts
- Migraines
- Muscular dystrophy
- Orthopedic impairments
- Paralysis
- Pregnancy complications
- Speech impairments
- Thyroid gland disorders
- Tuberculosis
IS YOUR EMPLOYER IN VIOLATION OF THE DISABILITIES ACT?
ADA protection applies to all aspects of the employment process, including hiring, firing, promotion, pay, and more. The ADA specifically states that an employer cannot discriminate against a “qualified worker with a disability.” If a worker is qualified for a job, the employer must provide reasonable accommodation as long as it does not cause undue hardship.
When it comes to employment, the ADA applies to companies with 15 employees or more. While disability discrimination in the workplace is unlawful, it, unfortunately, does still happen. Therefore, it is important to seek justice from a disability discrimination lawyer in LA immediately to help protect your rights as an employee.
It is essential to understand what counts as disability discrimination, and our team is here to help you navigate the process of filing a claim. Dealing with disability discrimination is extremely difficult, especially in your workplace, where you should feel safe and protected. No one should ever have to experience such unlawful behavior. If you believe you were discriminated against, reach out to our team for a free consultation before filing a complaint with the ADA.
To file an ADA complaint, you must first send it to the Department of Justice. To check the status of your complaint, you can call the ADA Information Line at 800-514-0301.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
You might be wondering how we can help protect you against disability discrimination. At The Law Offices of Mann & Elias, we represent all protected employees to help them recover for lost time, wages, and pain and suffering from a negligent employer or company.
Whether it is Los Angeles, San Diego, Ventura, Riverside, Orange, or San Bernardino, we’ve recovered compensation for clients across several counties in the state of California.
We have completed nearly 100 jury and bench trials while recovering more than $18 million in verdicts and settlements. Our trusted employment attorneys in Los Angeles have experience in all aspects of employment law, including disability discrimination. The firm’s success is rooted in knowledge, preparation, and skill.
READY TO DISCUSS YOUR CASE?
If an employer has wrongly treated you, contact us today. We would be happy to provide you with a free case review or initial consultation. A qualified attorney can help you file a complaint with the Department of Fair Employment and Housing division, the Equal Employment Opportunity Commission, and other agencies to proceed with the investigation process.
To schedule your first consultation, give us a call at 323-866-9564 or email info@mannelias.com.
RELATED ARTICLES ABOUT DISABILITY DISCRIMINATION
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
5 Important Ways to Prove Disability Discrimination
Your discrimination accusations cannot come out of the blue; you must prepare your case by providing documentation of your disability along with hard evidence that you’re experiencing discrimination. It can be in the form of statements made during your interview process or a lack of proper accommodations for your condition.
Getting A Right to Sue Letter Under the Americans with Disabilities Act (ADA)
Before filing a lawsuit against an employer, you must report the discrimination to a state agency. The EEOC or DFEH requires you to submit the charge within 180 days of the discriminatory act. In most cases, the agency will favor the claimant and provide them with a right to sue letter. This article is an excellent reference if you’re waiting to hear back or want to learn more about the process.
California Laws on Service Dogs and Emotional Support Animals in the Workplace
Do you need to bring an emotional support animal or service dog to work? Per California law, they are allowed to accompany you (the owner) at work. State law mandates specific requirements, including:
- The animal must know how to behave in the workplace, have no odors, and provide no distraction.
- The animal must not present a threat or danger to anyone in the workplace.
- The animal must serve a purpose in helping the disabled employee.
California laws accommodate support animals for businesses with five or more employees. Federal provisions only apply to companies with 15 or more workers.
Requesting Reasonable Accommodation for a Mental Disability
The ADA keeps a list of protected disabled groups, and your employer must provide reasonable accommodations to qualifying workers. However, you cannot assume that your employer is meant to provide every request you make. When you make a request, you should have thorough written documentation of why the accommodation is necessary. That way, you will have a strong case in the event the modifications get denied.
FAQs ABOUT DISABILITY DISCRIMINATION
Do federal and state laws protect me from discrimination?
Yes! Federal and California laws protect all employees.
Under state laws, the Labor Code, Fair Employment Housing Act (FEHA), and California Constitution protect all workers. Per federal law, additional protection is provided through Title VII of the Civil Rights Act.
What do I need to prove my employer treated me differently in the workplace?
Ableism is a form of discrimination that favors employees without disabilities. It invalidates your value and status on the team.
To prove disparate treatment, you must have concrete evidence that an employer engages in adverse employment actions. It might be unwarranted demotions, bad performance reviews, withheld pay, or wrongful termination. Our legal team can help you prove that you experienced discrimination and faced mistreatment.
What is the statute of limitations to bring a claim?
To bring a claim against your employer through a lawsuit, you have 3 years from when it occurred. Be mindful of how long you have to submit a claim to state agencies before this.
How do I determine if I’m eligible to ask for reasonable accommodation at work?
In California, employers must provide any qualifying disabled employee with accommodation. Remember that this is a “reasonable” accommodation and might not be exactly what you want. Employers must assess your job and limitations according to FEHA standards before determining if you are eligible.
Can an employer ask for proof of disability?
It’s illegal for an interviewer to ask about your disability, but your employer can ask you about it once you get hired. If the job requires you to perform certain functions, they may need to know whether you can complete the job duties alone or need adjustments, which the company should provide.