As our population gets older, an increasing number of us suffer from health conditions that affect our ability to do our jobs. According to some estimates, as many as 20 percent of the population may be considered disabled under laws such as the Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). If your employer has discriminated against you because of your disability, you may be entitled to compensation.
In Southern California, we have offices in: Bakersfield, Downtown Los Angeles, Gardena, Oxnard, Riverside, San Diego, Sherman Oaks, and Tustin.
In Northern California we have offices in: Sacramento, San Francisco, and San Jose.
If your disability or present medical condition prevents you from coming into one of our California labor law offices we may be able to start your disability discrimination lawsuit over the telephone, or Skype.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. Our employment discrimination attorneys have extensive experience helping employees who have experienced discrimination due to a disability. Contact us at 1-877-525-0700 to discuss your work disability case. Disability Discrimination Law
The law on disability discrimination in the workplace comes from California Government Code Sections 12926 and 12940. These Government Code Sections are the applicable provisions of the Fair Employment and Housing Act on disability discrimination. There are also California Codes of Regulation on workplace disability discrimination, and published legal cases. The Federal law on disability discrimination in the workplace can be found in The American Disability Act (the ADA). There are also Federal Regulations on disability discrimination at work, and published legal opinions.
Most employers understand that persons in a wheelchair are disabled under the ADA, and employees who must walk with a cane should receive reasonable accommodations at work. However, many more health conditions may be considered disabilities, including depression, a heart condition, cancer, diabetes, lupus. thyroid conditions, back problems, anatomical modifications to your body, diseases such as multiple sclerosis, Crohn's disease, fibromyalgia, respiratory conditions, kidney dysfunction, glaucoma, visual impairments, circulatory disorders, and mental conditions such as schizophrenia and bipolar disease. Disabilities also include disfigurement. Under the FEHA, any health condition that makes it difficult to perform a major life activity may be considered a disability.
Stereotypes about employees not being able to perform a job function due to a medical condition may constitute perceived disability discrimination. Supervisors may have notions persons undergoing radiation treatment for cancer are unfit to work when they are not. Human resources may fail to provide reasonable job accommodations during a warehouse worker’s healing process from the removal of a brain tumor and assume the employee is unable to perform any work during a healing process.
Determinations of what is required and what is appropriate for employers of disabled workers is best left for consult with an experienced disability discrimination advocate who represents employees. Call 1-877-525-0700 to speak to our workplace disability discrimination lawyers.
If your employer discriminates against you based on your disability, you may be entitled to compensation for damages such as lost wages and emotional distress. Examples of discrimination include:
Denying your right to take medical leave
Failing to hire you based on your disability
Demoting or transferring you
Reducing your hours
Failing to reinstate you after a disability leave
Failing to recognize your medical condition is a disability which requires greater job protections than a serious medical condition under the Family Medical Leave Act
Failing to accommodate your disability
If you have medical restrictions due to your disability, your employer is required to engage in an interactive process with you to determine how they can honor those restrictions. Your employer is also required to make reasonable accommodations that would allow you to perform your essential job functions.
To speak to our California employment discrimination lawyers, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.