A Law Firm Fighting Disability Discrimination In The Workplace
Have you suffered employment discrimination based on a disability? At Employee Justice Legal Group PC, we are ready to help you hold your current or former employer accountable for disability discrimination in violation of the Americans with Disabilities Act (ADA), California’s Fair Employment and Housing Act (FEHA) and any other applicable state or federal laws.
Our team of skilled trial attorneys has successfully taken on some of the largest and wealthiest corporations in country, and their track record includes numerous settlements and jury verdicts totaling millions to tens of millions of dollars. No matter what kind of employment law dispute you may be facing, you can feel more confident with our firm on your side.
What Disability Discrimination Looks Like
Each employee must be able to perform the essential functions of their job. Beyond that consideration, employers cannot discriminate on the basis of an employee’s physical or mental disability or their medical or genetic condition.
It’s important to seek legal advice if you’ve experienced any of the following:
- You are fired because of your disability
- You are not hired because of your disability
- Your employer fails to reasonably accommodate your disability after you submitted your request
- Your employer retaliates against you for requesting a reasonable accommodation based on your disability
- Your employer doesn’t promote you because of your disability
- You are paid less than coworkers in the same position because of your disability
Discrimination can be overt or subtle. In many cases, employers will cite other legal reasons for the actions they take, even if those cited reasons are a flimsy excuse. With the help of a skilled employment law attorney, you may be able to gather and present compelling evidence to prove that the employer’s actions were motivated by discrimination.
You Have A Right To Seek Reasonable Accommodations For A Disability
In California, qualified disabled employees have the right to be provided reasonable accommodations by their employer. The employee must submit a request for the accommodation.
Specific accommodations will depend on the nature of the disability and the type of work that the employee does. Some basic examples of workplace accommodations include:
- Reduction of workload during certain periods
- Granting time off or leave of absence requests
- Large computer screens for employees who suffer from vision impairment
- Keeping different work hours to accommodate medical appointments, needed rest breaks, etc.
- Working remotely to avoid the difficulties of commuting and intra-office mobility
Federal and state laws are somewhat vague about what is considered a “reasonable” accommodation. They note that employers can deny an accommodation request if granting it would create an “undue hardship” to the employer’s operations (it would be significantly difficult or expensive).
That being said, some employers have a very low threshold for inconvenience or expense, and what they deem to be an undue burden may be seen by courts as perfectly reasonable. If you believe your accommodation was unfairly denied, contact our attorneys for an informed perspective and case-specific guidance.
Your Employer Needs To Be Put On Notice
Sadly, those who suffer from “invisible” disabilities often suffer worse outcomes than employees with a visually obvious disability (such as being in a wheelchair or being blind). It is all too easy for employers to notice the limitations imposed by a disability and misattribute them to laziness or incompetence.
To protect yourself, you must be sure you have told your employer of your disability and any misconduct by others based on your disability. It is important your employer knows of your disability as it will put them on notice. Such evidence is also important for disability discrimination cases.
Learn About Your Rights And Options During A Free Consultation
Employee Justice Legal Group PC is based in Los Angeles, and we serve clients throughout the surrounding areas of California. To take advantage of a free initial consultation about your disability discrimination claim, call us today at 213-669-4771 or send us a message online.