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, this equality includes things like age, sex, race, religion, and physical or mental disability. Unfortunately, these laws do not keep some employers from discriminating against employees or applicants. One of the most prevalent forms of discrimination occurs in relation to disabilities. If you believe you or someone you know has been wrongly treated regarding a disability in regards to employment, don’t hesitate to pursue prompt legal action.
WHAT IS DISABILITY DISCRIMINATION?
Under the Americans with Disabilities Act (ADA), it is unlawful for an employer to discriminate against an employee or applicant with disabilities. This 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 for the worker as long as it does not cause undue hardship. According to the ADA, a disability is a physical or mental impairment that limits ordinary life activities. These ordinary life activities include basic tasks like walking, talking, reading, or bending, in addition to bodily functions related to the digestive system, bladder, immune system, brain, respiratory system, and more. Under the ADA, the following employees are protected:
- An employee with a disability
- An employee with a history of impairment
- An employee who the employer believes is disabled (whether or not it is true or false)
DISABILITIES RECOGNIZED UNDER THE AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act (ADA) exists to protect individuals with disabilities from discrimination. There are various areas that offer protection, including employment, places of public accommodation, state and local government services, transportation and telecommunications.
When it comes to employment, the ADA covers all employers that have at least 15 employees. There are many disabilities recognized under the Americans With Disabilities Act (ADA), including physical and/or mental impairments. If you believe you were discriminated against based on a disability, you may have the right to pursue a claim. At the Law Offices of Mann & Elias, our Los Angeles disability discrimination attorney will be able to provide you with the legal help and justice that you deserve.
We understand that 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. Protect your rights and reach out to our team for a free consultation. We will provide you with the guidance you need and handle every part of your case.
WHAT COUNTS AS DISABILITY DISCRIMINATION?
The Americans With Disability Act (ADA) was created to protect employees from being discriminated against based on their disability. While disability discrimination in the workplace is unlawful, it unfortunately does still happen. This is why it is important to seek justice from a disability discrimination lawyer in Los Angeles, so we can help protect your rights as an employee.
There are many scenarios in which an employee may be discriminated against, including the hiring process, harassment, lack of reasonable accommodation, discriminatory culture, and more. It is important that you understand what counts as disability discrimination and know that our team is here to help you navigate the process of filing a claim.
If you believe you or someone you know has been discriminated against because of a physical or mental disability, you have the right to pursue legal action. A qualified attorney can help you file a complaint with a division of the Department of Fair Employment and Housing and proceed with the investigation process. If successful, you could receive significant compensation.
LAW OFFICES OF MANN & ELIAS
Whether it is Los Angeles, San Diego, Ventura, Riverside, Orange, or San Bernardino, the law offices of Mann & Elias represent clients from a number of 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 based on experience, preparation, and skill. If you have been wrongly treated by an employer, contact us today. We would be happy to provide you with a free case review or initial consultation.Disabilities Recognized Under the Americans with Disabilities Act
The ADA protects those with certain mental and physical disabilities from discrimination. The following conditions are protected:
- Blindness and other visual impairments
- Cerebral palsy
- Hearing impairments
- Heart Disease
- Loss of body parts
- Muscular dystrophy
- Orthopedic impairments
- Pregnancy complications
- Speech impairments
- Thyroid gland disorders
Discrimination can come in a variety of forms, and if you are experiencing discrimination, it may be hard to distinguish what’s hard prejudice and what’s not. Your discrimination attorney will describe five different categories of discrimination to help you identify your situation. They are:
- Lack of Reasonable Accommodation
- Hiring Discrimination
- Penalties for Speaking Out
- Discriminatory Culture
In order 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 800-514-0301.5 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 were discriminated against. This can be in the form of statements made during your interview process or a lack of proper accommodations for your condition.Can an Employer Ask for Proof of Disability?
It’s illegal for an interviewer to ask about your disability, but your employer is allowed to ask you about it once you’re hired. If the job requires you to perform certain functions, they may need to know whether you can perform the job duties alone or if you need accommodations, which should be provided.California Laws on Service Dogs and Emotional Support Animals in the Workplace
While service animals and emotional support animals are legally allowed to accompany their owners at work, state law mandates certain requirements. They are:
- 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.
The ADA keeps a list of protected disabled groups, and your employer is expected to provide reasonable accommodation for you if you are in one of these groups. However, you cannot make the assumption that your employer is meant to accommodate 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 accommodation is denied.