The fact that you have been diagnosed with a disability does not mean you cannot do a job. For example, this particularly is the case if you are provided reasonable workplace accommodations. Therefore, if you believe you have been discriminated against in the workplace because of a special need, you have rights. Moreover, you can discuss you rights and case with an experienced California disability discrimination lawyer at (800) 337-7436. In addition, there is no charge for a case consultation and evaluation with a dedicated lawyer from our firm.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act, or ADA, is the federal law protecting people from disability discrimination. The ADA prohibits discrimination against individuals with disabilities in a number of areas:
- Employment
- State and local government
- Public accommodations
- Commercial facilities
- Transportation
- Telecommunications
The ADA defines a person with a disability as having a physical or mental impairment. Moreover, this is a condition that substantially limits one or more major life activities. In addition, a person needs to have a history or a record of a disability or impairment (or is seen by others as having such a disability or impairment). Finally, the ADA does not specifically set out all of impairments covered by the law.
Protections under the ADA does not extend to employees in all business in the United States. A business that employs 15 or more workers falls under the ADA.
Right to Sue Under the Americans with Disabilities Act
Employment discrimination claims are complicated. As a result, the employment disability discrimination process underscores the need for legal help. In other words, if you want to pursue this type of claim, you should hire an experienced California employment disability discrimination attorney. You can connect with an experienced California employment disability discrimination lawyer at your convenience by calling the Law Offices of Labor Attorneys at (800) 337-7436.
An employment disability discrimination complaint must be filed with the U.S. Equal Employment Opportunity Commission, or EEOC, within 180 days of the date of the alleged workplace discrimination. The filing deadline is extended to 300 days if a claim or charge is filed with a designated local or state employment practices agency (including like those that exist in the state of California). A person is only able to file a workplace disability discrimination lawsuit in federal court after receiving what is known as a right to sue letter from the EEOC.
As an aside, the EEOC maintains 50 field offices across the United States. File an employment discrimination claim at one of these offices.
Learn More About Your FEHA Rights with a California Disability Discrimination Lawyer
In addition to the American with Disabilities Act, or ADA, California has enacted the California Fair Employment and Housing Act. In the alternative, this is called the FEHA. The FEHA today provides an expansion of protections for people with disabilities. For example, these are beyond what is in the ADA. For example, the law prohibits a business with five or more employees from treating applicants for employment or hired employed individuals differently because of certain disabilities. This is a lower number than in the ADA. For example, the California law prohibits discrimination based upon an employee’s:
- Physical disability
- Mental disability
- Medical condition
- Genetic condition
The FEHA places mandates on an employer. By comparison, these are similar to those in the ADA. Specifically, the FEHA requires an employer to make certain accommodations for employees that permit them to perform their work functions. Under this California law, employers must make such accommodations for workers unless they would prove to be “significantly difficult and expensive.” (This is akin to the ADA mandate of reasonable accommodation discussed a moment ago.)
Notifying Employer of Need for Reasonable Accommodation with Assistance from California Disability Discrimination Lawyer
The fact is that not all disabilities are recognizable. For example, even when another individual might be able to recognize a person has some type of disability, the need for some type of appropriate and reasonable workplace accommodation may not be evident or understood.
Laws dealing with employment disability discrimination and reasonable workplace accommodation do place a duty on an employee. Specifically, the duty is to advise a supervisor or business owner of the need for accommodation. Of course, an employee has a right to privacy when it comes to health-related issues. With that said, an employer cannot accommodate without notification.
In order to ensure that you can document notification of the need for an accommodation, you should make the request in writing. Ideally, you also receive a written acknowledgment of your request from the appropriate member of management for your employer.
Impairment Limiting Major Life Activities
A claim regarding employment disability discrimination in California involves the term “impairment limiting major life activities.” In the alternative, a similar term is used. As a consequence, understanding impairment limiting major life activities (or a major life activity) is important.
First, the ADA (and California law) prohibits discrimination by employers against individuals who have some sort of disability that limits a major life activity. Second, these include physical and mental disabilities.
By way of example, major life activities are:
- Seeing
- Walking
- Communicating
- Sitting
- Reading
Examples of Bodily Systems Impacted by Disabilities or Impairment
The ADA lists bodily systems impacted that warrant reasonable accommodation in the workplace. However, the law does not list everything else covered by the ADA:
- Neurological
- Sense organs
- Musculoskeletal
- Digestive
- Cardiovascular
- Respiratory
- Reproductive
- Hemic
- Lymphatic
- Endocrine
- Skin
- Genitourinary
Protecting Your Legal Rights with a Skilled, Knowledgeable California Disability Discrimination Lawyer
The first step in retaining an experienced California labor attorney with a background in workplace disability discrimination law is to schedule an initial consultation. Additionally, this includes a case evaluation. In fact, you can arrange a preliminary appointment with a California employment disability discrimination lawyer by calling the Law Offices of Labor Attorneys at (800) 337-7436.
We can schedule an initial consultation with you any time that is convenient for you. Moreover, our firm never charges at attorney fee unless we win your case for you.
Keep in mind disability discrimination deadlines exist. As a consequence, you best protect your important legal interests by contacting a California employment disability discrimination lawyer. Indeed, contact us as soon as you believe you discrimination occurred.
