Disability Discrimination Lawyer in Los Angeles
It is illegal under both California and Federal law to discriminate against a disabled employee. Disability Discrimination occurs when an employer treats their employee unfairly based on their current or past disability. In California, the primary statute governing employment discrimination is the Fair Employment and Housing Act (“FEHA”) (Govt C §§12900–12996). Under FEHA, a person is considered disabled is he or she exhibits one or more of the following:
- A physical or mental impairment that limits one or more major life activities
- Has a health impairment that requires special education or related services
- Having a condition that has no present disabling effect but may become a physical disability
- Has a history of a disability
These protections under FEHA also extend to individuals perceived to have any such characteristic. In other words, even if the person does not actually have a disability but is only perceived to have a disability, they are still protected.
Once an employer has notice of an employees’ disability, they must then engage in the good faith interactive process unless doing so would cause an undue hardship, meaning they must accommodate your disability. Reasonable accommodations include any change to workplace practices, policies, or conditions that would allow an employee to continue to perform their job duties despite the restrictions posed by their disability. For example, if you have a back condition that restricts you from sitting down for long periods of time, you may need a standing desk.
Additional examples of disability discrimination may include:
- Teasing the employee or making comments about their disability
- Terminating the employee after they provide notice of their disability and/or a request for accommodations
- Unfairly disciplining the employee
- Failing to hire the employee
- Failing to promote the employee
- Reducing the employee’s salary
- Transferring the employee to a less desirable position
- Giving the employee negative performance reviews
If you believe you are a victim of disability discrimination or harassment, you may be entitled to compensation. Our firm may be able to represent you in recovering in a lawsuit for damages, including lost wages, benefits, and emotional distress.
Our firm is committed to analyzing the facts of each lawsuit with depth and rigor to make sure your employer upheld your rights as an employee. We are committed to provide each of our clients with the personalized attention required to maximize their recovery.
Contact a Disability Discrimination Lawyer today
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Contact a Disability Discrimination Lawyer at Barahmand Law Group today or complete our online form for a FREE case evaluation. Remember, we do not chare you anything unless WE WIN!
