Los Angeles Disability Discrimination Lawyer

At Premier Lawyers in Los Angeles, we focus on protecting clients from disability discrimination. Our legal team will skillfully navigate your ADA claim and pursue accountability from employers. Contact us today to start your case.

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Relentlessly Defending the Rights of Disability Discrimination Victims

At Premier Lawyers, we do more than just take on cases; we advocate fiercely for those marginalized by physical or mental impairments. With more than 17 years of experience, Nick Chavarela guides our firm with a strong commitment to justice and a deep knowledge of disability discrimination law.

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Understanding Disability Discrimination and Harassment in California

Disability discrimination occurs when an individual with a physical or mental impairment is treated unfairly or held to different standards in the workplace due to their condition. This type of discrimination can appear in various forms, such as being overlooked for job opportunities, receiving unequal treatment in job duties or benefits, and more.

Harassment tied to a disability is a significant issue, as it can foster a hostile work environment that hinders an individual’s ability to perform their job effectively. Such behavior might include exclusion and offensive jokes about the person’s disability. Both discrimination and harassment not only damage the individual's career but also take a toll on their emotional and mental health.

Examples of Disability Discrimination

Common forms of disability discrimination are:

  • Refusal to hire: Employers might illegally refuse to hire a qualified candidate due to their disability, even if they can perform the job with reasonable accommodation.
  • Unfair termination: Employees might be terminated or demoted solely because of their disability, especially if they’ve requested accommodations or taken medical leave.
  • Hostile work environment: A workplace may become hostile if an employee faces repeated harassment or derogatory remarks related to their disability.
  • Denial of promotion or training: Discrimination can occur when a disabled employee is denied opportunities for advancement that are offered to their non-disabled colleagues.
  • Failure to provide reasonable accommodation: If an employer fails to provide adjustments to allow a disabled employee to perform their job, they are violating the law.

If you have experienced discrimination at work due to your disability, there are ways to hold the responsible parties accountable and build a more inclusive workplace for yourself and others. 

What Conditions Are Recognized as Disabilities?

Under California law, recognized physical or mental disabilities include:

  • Chronic illnesses: Conditions like cancer, diabetes, and heart disease are classified as disabilities.
  • Psychiatric disorders: Mental health conditions, such as depression, anxiety, and PTSD, qualify as disabilities.
  • Physical impairments: This category includes mobility challenges, loss of limbs, and chronic pain conditions.
  • Sensory impairments: Disabilities like vision loss, hearing impairments, or speech difficulties are protected under the law.
  • Neurological conditions: Seizure disorders, migraines, and other neurological impairments are recognized as disabilities.

It’s important to note that even temporary impairments, such as a broken bone, may be considered a disability if they substantially limit major life activities.

Disability Discrimination Laws in California

In California, workers with disabilities benefit from strong anti-discrimination protections under two key laws:

The Americans with Disabilities Act (ADA)

The ADA is a federal law that prohibits discrimination against individuals with disabilities. It applies to employers with 15 or more employees and ensures that qualified individuals — those who can perform essential job functions with or without reasonable accommodations — are not excluded from employment opportunities based on their disabilities. 

The ADA covers a wide range of disabilities, including physical impairments and mental health conditions, and requires employers to provide reasonable accommodations unless doing so would cause undue hardship.

The Fair Employment and Housing Act (FEHA)

FEHA, California's state law, extends even broader protections than the ADA. It applies to employers with five or more employees and covers a wider array of disabilities. Unlike the ADA, FEHA requires only that a disability limits a major life activity, not that it substantially limits one, making it easier for workers to receive protection. 

FEHA also does not require employees to be assessed in a mitigated state and protects against discrimination based on the perception of a disability, offering comprehensive safeguards against unfair treatment in the workplace.

What Is a Reasonable Accommodation?

A reasonable accommodation is any modification or adjustment to a job, work environment, or the way things are usually done that allows an individual with a disability to have an equal opportunity to perform their job. These accommodations must be “reasonable,” meaning they should not impose an undue hardship on the employer.

Examples of Reasonable Accommodations

Accommodations can differ greatly depending on the nature of the disability and the specific job requirements. Some common types include:

  • Physical adjustments: Installing wheelchair ramps, modifying workstations, or providing ergonomic furniture for employees with mobility issues.
  • Assistive technology: Supplying screen readers, speech-to-text software, or other assistive devices for employees with sensory impairments.
  • Flexible work schedules: Allowing modified work hours or telecommuting options for employees who need to attend medical appointments or manage their conditions.
  • Job restructuring: Adjusting job duties or reassigning non-essential tasks to other employees to accommodate a worker’s limitations.
  • Medical leave: Providing additional time off for medical treatments or recovery beyond what is covered by standard leave policies.

Asking your employer for accommodations should be a relatively straightforward process. If they refuse to assist you or won’t come to an agreement on what is reasonable, contact the disability discrimination lawyers at Premier Lawyers.

The Interactive Process: Employer and Employee Responsibilities

When an employee requests an accommodation, the employer is legally required to engage in a “good faith interactive process” to determine what accommodations can be made. This process involves open communication between the employer and employee to identify specific needs and potential accommodations.

Employers are expected to:

  • Understand the request: The employer must carefully consider the employee's request, examining how the disability affects their job responsibilities.
  • Collaborate on problem-solving: The employer should work closely with the employee to explore different accommodation options that could help the employee perform their job effectively.
  • Take action: Once an appropriate accommodation is identified, the employer must implement it unless doing so would impose an excessive burden on the business.

Employees, in turn, should:

  • Communicate clearly: Provide their employer with relevant information about their disability and specific needs.
  • Be cooperative: Work with their employer to find a mutually acceptable accommodation.
  • Follow procedures: Ensure all accommodation requests are documented and submitted according to company policies.

Keeping records of your written communications and notes about verbal interactions can help demonstrate a good-faith effort on your part to meet your employer at a mutually acceptable accommodation. This evidence can be useful if you need to contact our team for legal representation.

Defining Undue Hardship

An employer may decline an accommodation request if it would create an undue hardship, which refers to significant challenges or costs for the business. This determination considers factors such as the financial impact on the company, the nature of the accommodation, and the overall effect on business operations.

Despite this, the bar for proving undue hardship is high. Employers must thoroughly evaluate all possible alternatives and demonstrate that accommodating the request would genuinely be unfeasible before denying it.

Proving Disability Discrimination

Proving disability discrimination requires careful documentation and a clear understanding of your rights. If you believe you've been treated unfairly due to a disability, it’s crucial to start gathering evidence immediately. 

This can include emails, texts, or voicemails that suggest discriminatory intent, as well as any memos or statements indicating actions were taken against you because of your disability. Additionally, note the names and contact details of colleagues who may support your claim. 

By working with experienced disability discrimination attorneys, you can effectively build a case that highlights the unfair treatment you’ve faced and seek the justice you deserve.

Compensation for Disability Discrimination in California

You may be eligible for various types of compensation:

  • Back pay and front pay: Recovery of lost wages due to wrongful termination or demotion.
  • Emotional distress damages: Financial compensation for the emotional suffering, anxiety, and stress caused by discriminatory behavior.
  • Reinstatement: In some situations, you may be reinstated to your former position or offered a similar role.

We will work tirelessly to achieve the best possible outcome for you, seeking the full range of damages to which you are entitled.

Can You Receive Compensation and Benefits?

It’s also possible to receive both compensation and benefits like Social Security Disability Insurance (SSDI). While you can qualify for both, the amount you receive from each may be adjusted based on specific rules. 

For example, the Social Security Administration might reduce your SSDI benefits to ensure the total amount you receive doesn’t exceed a certain percentage of your pre-injury earnings. Navigating these complexities can be challenging, so it’s crucial to work with experienced attorneys.

Time Limits for Filing Disability Discrimination Claims

Any employee who believes they have been discriminated against due to their disability must file a complaint within a specific time frame or risk losing the right to file a lawsuit. The complaint must be submitted to the EEOC within 180 days of the discriminatory act or 300 days if a state or local law prohibits the same act. 

However, it is crucial for those who experience disability discrimination not to wait until the deadline approaches and to file their complaint as soon as possible to increase the chances of a favorable outcome.

Push Back Against Unfair Treatment

Reclaim your rights with the support of our Los Angeles disability discrimination attorneys. Contact Premier Lawyers to tackle disability discrimination directly and pursue the compensation you deserve.

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Your Story Matters

Connect with Los Angeles disability discrimination attorneys at Premier Lawyers today to make your voice heard and stand up against discrimination related to your physical or mental disability.

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