Disability Discrimination Lawyer in Pasadena
Fighting for the Rights of Disabled Workers in California
Under the California Fair Employment and Housing Act (FEHA) and Americans with Disabilities Act (ADA), employers cannot use a perceived or actual physical or mental disability to fire an employee or withhold a job or promotion.
Mark Charles Law has extensive experience fighting for victims of disability discrimination in Pasadena and the surrounding Los Angeles areas. We understand the complexity of California disability discrimination law and will stand up for the employment rights of our clients.
What is Considered a Disability in the California Workplace?
According to the ADA, a disability is a long-term physical or mental impairment that significantly limits a major life activity. Even if the person does not currently have a disability, the ADA would still consider those with a record of such impairment as disabled. This definition of disability is legal rather than medical, so it can also include those who do not have an officially diagnosed disability.
In 2008, the ADA Amendments Act specified that the ADA is meant to be interpreted broadly to protect as many workers as possible. This means the ADA does not keep a list of specific conditions covered under the act.
The FEHA similarly protects employees from discrimination based on both actual and perceived disability. California law allows for a broader definition of disability as medical conditions limiting any major life activity, rather than significantly limiting.
Signs of Disability Discrimination
It is never lawful to discriminate against someone, including due to their disability. Employers cannot base their actions on personal biases they may have due to an employee's actual or perceived disability.
An employer is barred from discrimination during:
- Job applications
- Job training
There are many ways that an employer can commit acts of disability discrimination. Some of these acts are more overt than others, but even more subtle discriminatory acts can be recognized.
Some common signs of employment discrimination based on disability include:
- Bullying or intimidation of the individual with a disability
- Offensive jokes and other comments related to people with disabilities
- Employers refusing to provide reasonable accommodations
- Blocking disabled employees from raises, benefits, or other opportunities
- Overlooking qualifying employees for promotions or work responsibilities due to their disability
By calling Mark Charles Law, our attorney can help examine federal and state law to determine whether you have a case.
What is a Reasonable Accommodation?
Under California’s FEHA and the ADA, employers must provide reasonable accommodations for those with a disability. This means that a disabled person must the same access and opportunities for employment as their non-disabled co-workers.
In some instances, accommodating an employee involves changing a physical space within the office for wheelchairs or walking devices. In other cases, it is changing company policy to allow the individual to receive the medical care and attention they need without fear of termination.
There are limits to reasonable accommodation. An employer is not expected to perform an act that would cause undue hardship on their business, but they must do everything in their power to provide equal opportunities. This might involve changing the employee’s position to something that better accommodates their needs instead of terminating their employment.
Protecting the Employment Rights of Disabled Californians
When an employer does not abide by their responsibilities, you have the right to take action. By working with an experienced legal professional, you will have an advocate to help you get through this challenging time in your life. As attorneys who have represented both employers and employees, we understand the tricks used to deny employees their rights and are uniquely equipped to defend against these tactics.
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