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Los Angeles Disability Discrimination Lawyer
Disability discrimination is prohibited by law in the United States, through federal legislation like the Americans with Disabilities Act (ADA) and state laws, such as the California Fair Employment & Housing Act (FEHA). It is important for employees to know their rights in the workplace. Employers are legally required to maintain an inclusive environment for all employees, including employees with disabilities. Companies should have workspaces and policies that reasonably accommodate disabled employees in the workforce. If you are treated differently because of your disability or potential disability, you may have a claim against your employer.
What is a Disability?
What qualifies as a disability can change on a case-by-case basis depending on the specific facts and medical conditions. However, California has one of the broadest interpretations of what is considered a disability. The following are some disabilities recognized in California:
- Loss of limb or amputation;
- Pregnancy, childbirth, or related conditions;
- Speech, hearing, or eye impairments;
- Chronic physical diseases, such as hypertension, diabetes, AIDS;
- Chronic psychological diseases, such as depression, anxiety,PTSD;
- Learning disabilities;
- Intellectual or mental disabilities;
- Neurological disabilities, such as autism.
What is Disability Discrimination in Los Angeles?
In the State of California, disability discrimination occurs when an employer treats an employee that has a disability or perceived disability less favorably than other employees because of that disability. A person’s disability must require a “limitation” in order to be protected under the law (this means that you have a condition that limits or makes difficult an important major life activity that other people can perform easily). Here is a partial list of ADA recognized disabilities for employees in Los Angeles county. Examples of disability discrimination include but are not limited to: (1) refusing to provide reasonable accommodations to an employee or applicant with a disability; (2) refusing to hire an applicant with a disability; (3) reassigning an employee with a disability to a less desirable position or location because of their disability; (4) terminating an employee’s employment upon discovering an employee’s disability; (5) retaliating against an employee who make a disability discrimination claim or workers’ compensation claim; and (6) withdrawing a job offer to an applicant with a disability upon discovering the applicant has a disability.
Major life activities include but are not limited to: working, walking, thinking, concentrating, sleeping, learning, hearing, breathing, speaking, social interactions, standing, reading, bodily functions (cardiovascular, circulatory, endocrine, immune, digestive, respiratory, and normal cell growth) and other basic functions that most people can perform. If an employee has an impairment that limits or makes impossible any of these conditions or more conditions not listed above then that employee qualifies for disability protections. This includes employees that regain some or all of the ability with the help of medical intervention or treatment (these treatments are known as mitigating measures and do not disqualify a disabled person from protection under employee disability protection laws). California law also protects employees with conditions that are in remission or are periodic in nature. The California Fair Employment and Housing Act (FEHA) also protects those who may become disabled in the future and are discriminated against based on those conditions.
Employer Responsibility Under ADA and California State Law
Under both federal and state laws, employers are required to provide reasonable accommodations for qualified workers with disabilities without causing undue hardship on the business. Before denying any accommodation request made by an employee with a disability, employers must assess how providing such accommodation would affect their business operations. Employers should also train staff on applicable regulations and procedures related to disabilities in order to ensure everyone understands how these laws apply in their workplace environment. Employers may need to make reasonable adjustments on policies or physical workspace environments based on a disabled employee’s medical needs. Examples of reasonable accommodations can include:
- Changing an employee’s job duties for medical restrictions;
- Remote/virtual work;
- Providing paid or unpaid medical leave;
- Changing employee work schedules;
- Relocating employee’s work area;
- Providing wheelchair ramps or seating arrangements;
- Providing dictation software for physical impairments.
An employee must be able to perform the essential functions of a job with or without reasonable accommodations. Employers with over 15 employees can not discriminate against those employees with qualified disabilities in accordance with the ADA, and employers in California that have over 5 employees can not discriminate against those employees with qualified disabilities in accordance with the FEHA. Employee protections for disabled persons in California are very strong and represent one of the most progressive states in the country when it comes to ensuring fair and inclusive workplaces for all employees.
Legal Recourse for Unfair Treatment Due To Real or Perceived Disabilities By Employers
If an employer has treated an individual unfairly due real or perceived disabilities, there are legal options available for recourse. If you have been treated unfairly, you should speak with an attorney to discuss your legal options. A person can file his or her own complaint with a government agency, and/or bring suit in court. Prior to filing a lawsuit in court, a person must first exhaust certain administrative remedies, such as obtaining a right to sue letter from the California Civil Rights Department or Department of Fair Employment & Housing. A Notice of Right To Sue is necessary before you can proceed with filing your lawsuit against said employer. It is recommended that individuals seek out legal counsel prior to taking any further steps as they can discuss possible outcomes of their case and help document each step taken along the way so everything remains organized throughout the duration of this process. Equate Law is an excellent choice for employees in Los Angeles to hire to handle your employment law claims to get the maximum consideration for your disability discrimination case.
The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) play a vital role in protecting employees from unfair practices based on their disability. This ensures that no one is discriminated against for reasons related to physical and mental disabilities, allowing the workforce to be a more diverse and open space. The ADA and FEHA stand firm when it comes to ensuring those with different disabilities are given the same opportunities for employment, such as providing reasonable accommodations, availability of support services, or even activities professionally related to their experience. By protecting employees from discrimination based on their disability, California and the government of the United States of America show great care and dedication towards cultivating an inclusive working environment. This great care also extends to hiring practices, if an employer in Los Angeles, California denies you employment on the basis of your disability then that is illegal and you have rights to protect yourself. Reach out to Equate Law to discuss your situation and we will help you figure out if you have an actionable disability discrimination case.
Employers in Los Angeles have a duty to both understand how disabilities can impact a person’s life, as well as create a supportive environment that accommodates disabled employees. It’s critical to recognize when an individual requires assistance due to their disability, and to accommodate those medical conditions to allow the employee to succeed in the workplace. If you are discriminated against on the basis of being disabled then your workplace and employer can be held liable.
Examples of Disability Discrimination in Los Angeles may include some of the following scenarios:
- Lack of or failure to reasonably accommodate an employee’s disability
- Failure to provide medical leave for disabled employees
- Not hiring or promoting a qualified individual due to their disability or perceived disability
- Firing a disabled employee for requesting reasonable accommodations
- Failure to interact and communicate with an employee that discloses a new or on-going disability to their employer in order to discuss accommodations
There has been a stigma surrounding employees with disclosed or perceived disabilities in the workforce. The truth is, however, virtually all individuals with or without disabilities can reach a productive performance level, especially when employers incorporate reasonable accommodation into the workplace. Reasonable accommodation requires adjustments to either a job or the working environment to allow an employee with a disability to be successful in their position. An accommodation will depend upon the specific person and his or her medical condition in order to determine what various measures should be put into place.
Disability discrimination is a pervasive problem within the workplace in Los Angeles, impacting thousands of employees. It can take place in many different forms, from explicit signs to subtle suggestions that workers may even overlook. In terms of hiring and firing decisions, employers could show biases against employees with disabilities without even knowing it. Training, promotion, and career advancement are also areas where discrimination can arise, as candidates with disabilities may be disadvantaged as compared to non-disabled candidates, these types of discrimination may constitute a basis for legal action against the employer due to the employer’s explicit actions/policies or due to other employees creating hostile or discriminatory workplace environments. It is essential for employers to create workplaces which are free from discrimination and support every individual equally.
Providing reasonable accommodations to disabled workers is essential for creating a workplace that is accessible and welcoming to all. Although employers are not expected to change everything overnight, they are required to meet certain standards set forth by the EEOC, ADA, and FEHA to ensure that employees with disabilities enjoy equal opportunities in the workplace. It is important to note, however, that employers do not have a responsibility to provide accommodations if doing so would cause “undue hardship.” Such considerations can include financial or administrative difficulties, and these potential hardships are taken into account when determining the reasonableness of requested accommodations. Ultimately, providing reasonable accommodations is one way for companies to demonstrate their commitment to equity and inclusion. If you are being treated unfairly at work due to a disability, then you should contact Equate Law, a Los Angeles employment law firm that can fight for you when you have been discriminated against due to your disability.
It is possible for an injured worker, such as yourself, to receive both workers’ compensation benefits and SSDI benefits at the same time. However, numerous factors influence the amount of each that an individual may receive.
Damages for disability discrimination cases could include:
- Back pay and back wages
- Future lost earnings
- Job position reinstatement
- Pay differential from a promotion, raise, or bonus
- Benefits or pension benefits
- Pain and suffering
- Emotional distress
- Attorney fees and legal costs
It is unfortunate that employment discrimination still exists in society. People who are treated unfairly due to real or perceived disabilities have legal recourse available to them. Although taking legal action against an employer can be intimidating for many people, it is important for you to understand that there are protections afforded under the law, and recourse available if you find yourself or another in such an unfortunate situation. Equate Law is here to help you through every step of the filing and lawsuit process.
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