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Employment Law Firm in California

Disability Discrimination Attorney


Was I Discriminated Against Because Of A Disability?

The ADA protects you from job discrimination in the workplace if you have a disability and also meet the requirements to successfully do your job. According to the ADA, you have a disability if you have a mental or physical impairment which significantly impairs a major aspect or activity in your life. 

The ADA offers you protection if you have a history of a disability, or even if an employer believes you have a disability, whether or not you actually do. If you were the victim of disability discrimination in the workplace, you may be entitled to damages for:

1) What Causes Disability Discrimination?

Without legal protections, many disabled people would be forced out of the workforce. Though some disabilities make work impossible, the vast majority of disabilities are not that severe and can be accommodated. Most disabled individuals are able to work, but may just need reasonable accommodations in order to perform their jobs.

Reporting Disability Discrimination

Always speak with your employer first. Explain your disability and ask for the necessary accommodations to successfully complete your job duties. If your employer doesn’t resolve your complaint, your next step is to file a charge with the federal Equal Employment Opportunity Commission (EEOC) or California’s antidiscrimination agency. It is crucial that you first file a charge with the EEOC if you intend to preserve your right to sue for disability discrimination.

Examples Of Disability Discrimination

An employer cannot discriminate against you because of your disability.This includes firing you, forcing you to take a leave, or denying you a job or promotion because of your disability. Further, under the ADA, any harassment based on your disability is not allowed.

2) Proving Disability Discrimination

All employers are familiar with the ADA, but a majority don’t fully understand it or what it actually entails. Therefore, it’s a good idea to first speak with your employer. Discuss your disability with your supervisor or HR manager and describe how it affects your ability to complete your job related duties. There’s a good chance your employer will hear you out and provide you the necessary accommodations.

Ideally, your employer will provide reasonable accommodation once you’ve explained your rights. If your employer still denies your rights, you must file a formal complaint with your employer. This is important because:

1) Your manager or direct supervisor may not take the problem seriously, but your employer’s Human Resources (HR) department might understand and make the necessary adjustments. Filing an internal complaint with your employer also gives them one more opportunity to do the right thing before resorting to legal action.

2) A formal complaint puts your employer on notice about your discrimination claim. Filing a formal complaint proves you did your part to address the situation. If your complaint isn’t investigated or resolved, your employer’s failure to address the issue will be crucial to

supporting your claim. Further, your employer may be liable for punitive damages if you gave them a chance to address the problem and they did nothing. 

If your employer doesn’t resolve your complaint, your next step is to file a charge with the federal Equal Employment Opportunity Commission (EEOC) or California’s antidiscrimination agency. It is crucial that you first file a charge with the EEOC if you intend to preserve your right to sue for disability discrimination.

Typically, once they have concluded with their investigation, the agency will issue you a right to sue letter. This letter gives you the right to proceed in court with your claim. You can file a lawsuit against your employer once you have a right to sue letter. If you haven’t already consulted with an experienced disability discrimination lawyer, this is the time to do so.

My Employer Denies Discrimination Against Me

An employer is required to provide you with reasonable accommodation to make sure you have the opportunity to be considered for a job. According to the ADA, all employers are required to provide reasonable accommodation to all qualified job applicants or employees with a disability. 

 

Simply put: an employer cannot refuse to consider you for a job opportunity because you need reasonable accommodation to compete for that job. The ADA also offers protections from retaliation if and when an employee chooses to enforce his or her legal rights. Finally, the ADA can protect you if you were the victim of discrimination because of a familial, social, business or other type of personal relationship with a disabled individual. 

3) The Americans With Disabilities Act (ADA) And Disability Discrimination

Title I of the Americans with Disabilities Act of 1990 (ADA) makes it illegal for employers to discriminate against a qualified job applicant or employee with a disability. ADA regulations apply to all private employers with 15 or more employees and to all state and government employers, and are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

How does the ADA impact me?

The ADA protects you from job discrimination in the workplace if you have a disability and also meet the requirements to successfully do a job. According to the ADA, you have a disability if you have a mental or physical impairment which significantly impairs a major aspect or activity in your life. The ADA offers you protection if you have a history of a disability, or even if an employer believes you have a disability, whether or not you actually do.

In order to qualify for protection under the ADA, you must have a record of disability or be regarded as having a substantial impairment. A substantial impairment must significantly restrict and impair a basic life activity. Such impairments include:

  • Seeing
  • Hearing
  • Speaking
  • Walking
  • Breathing
  • Completing manual tasks
  • Taking care of oneself
  • Learning

If you have a disability, you must be qualified enough to perform a job’s essential duties — with or without reasonable accommodation — in order to receive protection under the ADA. This means that:

  • You are required to meet an employer’s job requirements, such as education, employment experience, and any necessary skills or licenses.
  • You are required to perform the essential job functions with or without reasonable accommodation.

More ADA Protections

If you have a medical condition, as long as that condition does not significantly prevent you from producing results, the exact nature of your condition should not and cannot be held against you.

Whether you suffer from depression, post-traumatic stress disorder (PTSD), or another type of mental health condition, you are entitled to protection against discrimination and harassment at work. You are also entitled to privacy rights in the workplace. The ADA does not allow employers to ask you any questions that may likely reveal the existence of a disability before they have made you a job offer. 

Simply put, an employer cannot ask if you are disabled or ask about the nature of your disability during the job interview process. 

However, an employer can ask a job applicant if he or she can perform the required job duties with or without reasonable accommodation. An employer cannot require a job applicant to take a medical examination before being offered a job. Further, an employer cannot use the information revealed about your disability after your medical examination to reject you.

4) Types Of Disability Discrimination

Discrimination

Disability Discrimination

Gender Discrimination

Pregnancy Discrimination

Racial Discrimination

Age Discrimination

Sexual Orientation Discrimination

Religious Discrimination

Workplace Retaliation

Sexual Harassment

Types Of Disability Cases

Below are just a few categories of unlawful employment discrimination recognized under the law:

  • Race Discrimination
    If you were the target of racial slurs or racial bullying, you have the right to take legal action. And if you were terminated and noticed that you or your coworkers of a similar race were all part of a recent round of layoffs, then you may have a discrimination suit based on racial discrimination. Basically, you cannot be treated unfairly, receive fewer opportunities for advancement, or be terminated because of your race.
  • National Origin
    If you were treated differently because of your national origin, you may have a case for employment discrimination.
  • Gender Discrimination
    Pay inequality is a serious problem. Many employers offer their female employees less compensation for doing the same job as men, which is unlawful. Gender discrimination can also include the degradation and humiliation of women in the workplace. Sexual harassment, sexist jokes, and other sexually charged forms of speech are also common gender discrimination issues in the workplace.

Age Discrimination
An employer is prohibited from discriminating against employees 40 years old and older. You cannot be denied a job on the sole basis of your age. Nor can you be terminated because of your age. You also cannot be denied a promotion or be subjected to mistreatment because of your age. If you are able to carry out the essential functions of your position, it is illegal for you to be denied the opportunity to do so because of your age.

West Coast Employment Lawyers Is Here to Help

The best course of action is to secure legal advice immediately upon determining that unfair treatment has or is occurring at your workplace. The skilled disability discrimination lawyers at West Coast Employment Lawyers will do everything possible to construct effective arguments to win your case. Our attorneys are committed to helping victims of disability discrimination receive full vindication, fair compensation, and the peace of mind they deserve.

If you or a loved one has been wrongfully discriminated against or terminated at work due to their disability, immediately contact West Coast Employment Lawyers for a free, no-obligation consultation with a disability discrimination lawyer at our firm. You can reach our legal team 24/7 by calling 1-800-247-9235 or emailing info@employmentattorneylosangeles.com.

References

https://www.eeoc.gov/policy/docs/accommodation.html
https://www.eeoc.gov/employees/howtofile.cfm
https://www.eeoc.gov/
https://www.dfeh.ca.gov/
https://www.dfeh.ca.gov/obtain-a-right-to-sue/
https://www.eeoc.gov/laws/types/retaliation.cfm
https://www.eeoc.gov/facts/ada18.html


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