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Palmdale Disability Discrimination Lawyer

If you have experienced discrimination by an employer based on your disability, then it’s imperative that you exercise your protected rights and contact a reputable Palmdale disability discrimination lawyer immediately to better understand what legal options you are entitled to.

Every individual has the right to be treated as equally and fairly as everyone else, especially in the workplace.

Unfortunately, the harsh reality is that many people who live with physical or mental disabilities are not treated equally by their employers, and that can feel extremely isolating. Disabilities create their own unique set of challenges for employees that can be difficult to overcome even in ideal circumstances.

palmdale disability discrimination lawyer

What Is Disability Discrimination?

Disability discrimination or Ableism happens when an individual who is physically or mentally disabled is victimized by unfair treatment in the workplace as a result of their disability. Not only is this type of treatment morally and legally unjust, but it can also impact the organization’s internal operations by creating resentment and mistrust from the employee, in addition to the potential legal and financial ramifications that can occur as a result of a lawsuit.

The Americans with Disabilities Act (ADA) is a law that prohibits discrimination of disabled individuals in the workplace and protects their rights as employees. Established into law in 1990, it covers all employment activities, such as hiring, compensation, promotion opportunities, and termination.

What Accommodations Are Employers Required to Provide?

Employers are required to provide reasonable accommodations to disabled employees or job applicants. A few common examples of reasonable accommodations are making the workplace wheelchair accessible, allowing for leave due to treatment or disability-related symptoms, or granting telework options.

However, employers are not required to provide any accommodation possible if doing so would result in undue hardship to the employer. As long as the accommodation is reasonable, then the employer must provide it to the employee unless the requested accommodation is too expensive or difficult to provide in comparison to the size and financial resources of the employer.

How Do I File a Disability Discrimination Claim?

If you believe that you have received negative or unfair treatment due to workplace discrimination, then it’s crucial that you understand your rights as a protected individual. The first step is filing an official complaint with the California Civil Rights Department (CRD), which is the organization that enforces employee discrimination claims.

The Equal Employment Opportunity Commission (EEOC) is the federal organization that regulates workplace discrimination. Filing an official complaint with the CRD and working with the EEOC can be a lengthy and complicated process, even with proper representation.

If you are disabled and have been discriminated against by your employer because of your disabilities, please reach out to a trusted disability discrimination lawyer to protect yourself and see what steps make the most sense for you.

An experienced Palmdale employment lawyer will have a thorough understanding of the legal intricacies involved in discrimination claims and can work hard to provide you with reasonable accommodations and fair treatment that you have legal rights to.

FAQs

Q: What Are Examples of Disability Discrimination?

A: There are many examples of illegal disability discrimination that happen in workplaces across America every day, but a few of the most common examples committed by employers are failure or refusal to provide reasonable accommodations, harassment, refusing to hire, termination, and failing to provide equal opportunities. Generally, discriminatory practices in the workplace fall into one of two different categories:

  • Disparate Impact: Often unintentional, but still impactful to the individual being discriminated against. It can sometimes be caused by an unconscious bias towards an individual of a protected group.
  • Disparate Treatment: Intentional, blatant, or obvious discriminatory behavior and unequal treatment directed towards a protected individual in the workplace.

Q: What Are the Rights of Employees with Disabilities in California?

A: In the state of California, employees with disabilities have the right to fair and equal treatment by employers at all times, in addition to being provided with reasonable accommodations by the employer, as long as it does not cause undue hardship to the employer. The Americans with Disabilities Act (ADA) is a law that prohibits discrimination of disabled individuals in the workplace and protects their rights as employees.

Q: How Do You Prove Indirect Discrimination?

A: Indirect discrimination can be difficult to prove. In order to effectively do so, you’ll need to provide sufficient evidence of the following in Palmdale, CA:

  • You were treated unfairly based on one or more of your protected characteristics (disability, age, gender, race, etc.).
  • You are both capable and qualified to perform your job satisfactorily to expectations.
  • Your job has been negatively impacted due to discrimination.

Q: Is Your Job Protected in California if You Have a Disability?

A: The Americans with Disabilities Act (ADA) offers many protections for disabled employees. The Family and Medical Leave Acts (FMLAs) provide additional protections for those who need to take a temporary leave of absence due to the conditions of their (or a family member’s) disability. These include providing an employee 12 weeks off for treatment of a serious medical condition that causes the employee to be unable to perform the duties of their job.

However, the leave of absence is unpaid, but the employee should retain the right to return to work at the same or similar job while also maintaining any medical coverage that’s provided by the employer.

Enlist the Support of an Experienced Palmdale Disability Discrimination Lawyer

Omid Nosrati and his team of experienced disability discrimination lawyers at Nosratilaw, A Professional Law Corporation, pride themselves on the fact that they exclusively represent employees, not employers. Their team has over two decades of employment law experience and can equip you with the knowledge necessary to navigate the legal process with your interest in mind.

All employees reserve the right to fair and equal treatment in the workplace, and that is especially true when it comes to those individuals who struggle with disabilities. That’s why there are strict federal and state laws in place to protect the rights of disabled individuals in the workplace.

If you have fallen victim to workplace discrimination because of your disability or have been refused reasonable accommodations by your employer, then you have the right to a discrimination claim. Contact our office to schedule an initial consultation and better understand what legal options you are entitled to.

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