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As you or your loved one navigate a Glendale, CA workplace with your disability, there are certain protections afforded under the law. Both state and federal law recognize the importance of leading a purposeful and meaningful work life free of discrimination. The employer should be making a reasonable effort to accommodate your disabilities, allowing you to continue as an important member of the team. Unfortunately, some workplaces are not very understanding to disabled workers and subject employees to illegal workplace disability discrimination.
When this occurs, your employer or potential employer has broken state and federal law. You have the option to file a claim against your employer, and Nosratilaw, A Professional Law Corporation, can help. With over 20 years of combined experience, our skilled team can assist you in taking steps toward legal action and getting justice. Our dedicated firm prides itself on giving voice to those who may not otherwise speak out against discriminatory employers in Glendale.
Disability discrimination arises when employers treat applicants or employees who are covered under the Equal Employment Opportunity Commission (EEOC), Americans with Disabilities Act (ADA), and Fair Employment and Housing Act (FEHA) differently due to their physical or mental disability. Disability discrimination also applies when an applicant or an employee is treated less favorably because they have a temporary impairment or a history of disability. These protections extend to every part of the employment process, ranging from hiring to firing and every step in between.
Examples of how disability discrimination can appear in a workplace include:
Ultimately, employees who can complete the job with reasonable accommodations should not be treated negatively and should be allowed to continue in their position without facing discrimination. In the event of discrimination, there are available routes to ensure your employer is held accountable for violating your labor law rights.
The EEOC, ADA, and California’s FEHA specify the people who are protected under the law, but California has a broader definition of the people who can be protected under the disability statute. Protected individuals include:
In California, any business with more than five employees is required to follow the FEHA and provide their disabled employees with reasonable accommodations.
After an employee communicates with their employer that they have a disability, and might need accommodations for that disability, state law requires an interactive process between the employee and employer. The employer must timely, and in good faith, carefully consider the requested accommodation before granting or denying it. Your employer is obligated to accept the accommodation if it does not cause hardship for the employer. Examples of reasonable accommodations that you could expect to receive from your employer include:
It is important to note that some accommodations would be considered unreasonable because of the impact on the employer. In these instances, the employer is not required to make the accommodation. The impact on the employer or coworkers is determined on a case-by-case basis, as different companies will be impacted differently. For example, a larger company will be able to make more accommodations than a smaller company. Qualities of unreasonable accommodations include:
If denied due to the above reasons, the two parties must communicate with each other to try to work towards an appropriate and reasonable accommodation that meets both their needs. The employer may request medical documentation to prove the existence of the disability and a second opinion, but they may not ask about the underlying medical causes of the disability.
If your employer refuses to engage in the interactive process or refuses to provide reasonable accommodations, you may be entitled to compensation and can potentially bring a claim against them for these actions. Working with an employment discrimination attorney can help you determine if you are facing disability discrimination and your options moving forward.
If you are denied an otherwise reasonable accommodation, you have the option to file a claim against your employer. You can also file a claim if your employer:
Speaking to a Glendale discrimination attorney can help you determine which grounds are applicable in your case.
A: In most cases, not filing your case within the statute of limitations means you have no options for recovery. There is, however, one option that can be pursued: the Continuing Violations Doctrine. This doctrine states the statute of limitations can be extended if the employee can prove that some of the employer’s conduct fell outside the statute and that it was connected to similar conduct that took place within the statute.
A: Not all illnesses or conditions are protected under California’s Fair Employment and Housing Act. Some of the more common examples that are not protected include:
Speaking with a discrimination attorney can help you determine if your condition is covered under the FEHA, what accommodations may be considered reasonable in your workplace, and how to discuss them with your employer.
A: Unfortunately, it is not uncommon for employers to deny accommodations. Your potential options depend on why your employer denied your request. If the request would cause hardship for the employer, they are not required to meet the accommodations. However, they are required to speak with you and, in good faith, attempt to find a reasonable accommodation. If your request is reasonable, you may be able to file a claim against your employer.
A: If you or a loved one has been discriminated against in your workplace because of your disability, there are various types of compensation that you may be entitled to receive. Potential recompense includes:
A: You are not legally required to retain an attorney to file a disability discrimination claim against your employer or proceed with a claim. However, a discrimination lawyer has a thorough knowledge of the applicable laws in your situation and the procedures required to correctly file the legal paperwork. An attorney can help ensure that you stand on similar ground when facing your employer’s legal team.
Having a disability discrimination attorney on your side while you are fighting your employer for your rights can make a dramatic difference in the outcome of your case. Their familiarity with the legal system, your rights, and proper courtroom procedures gives you an advantage as you take on your employer and their discrimination.
Nosratilaw, A Professional Law Corporation, has extensive experience with supporting our clients through disability discrimination and harassment cases. Our dedicated staff can work diligently to ensure that your rights are protected and that you are afforded an accommodating workplace. Contact our office today to determine if you have standing for a disability discrimination case.