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California Disability Discrimination Lawyers

California has some of the strictest employment laws in the nation, preserving your right to receive fair treatment and equal benefits and protecting you from being exposed to hostile or discriminatory acts in the workplace.
Workplace Discrimination > Disability Discrimination

California Workplace Disability Discrimination Comes in Many Forms

California workplace disability discrimination lawyersCalifornia boasts some of the nation’s most robust employment laws, designed to protect employees from illegal practices like discrimination in the workplace. These laws preserve your rights to fair treatment, equal benefits, and freedom from hostility due to your disability. If you’re a disabled employee, understanding your rights is essential to ensuring you receive fair accommodations and the benefits you deserve.

What is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee unfairly or unfavorably based on their physical or mental disability, or a history of a physical or mental disability. Discrimination can show up in hiring, firing, promotions, job assignments, training, and other critical aspects of employment. Both federal and California state laws protect workers with disabilities and require reasonable accommodations to support their work performance.

Disability Protections Under California and Federal Laws

Employees in California are protected from disability discrimination by two key laws:

  • The Americans with Disabilities Act (ADA): This primary federal law prohibits disability discrimination in workplaces with 15 or more employees. It defines a disability as a physical or mental impairment that substantially limits one or more major life activities. 
  • The Fair Employment and Housing Act (FEHA): This California state law extends broader protections and applies to employers with five or more employees, making it easier for workers to qualify as disabled.

California disability discrimination lawyersKey Rights for Disabled Employees

  1. Protection Against Discrimination:
    Employers cannot discriminate against disabled workers in hiring, pay, job duties, or termination decisions.
  2. Reasonable Accommodations:
    Employers must provide reasonable accommodations, such as modified work schedules, equipment, or adjusted responsibilities, to help disabled employees perform their essential job duties.
  3. Medical Examinations and Inquiries:
    Employers are restricted from asking job applicants about medical conditions unless directly related to job requirements.
  4. Harassment:
    Harassment based on disability is illegal and includes any conduct that creates a hostile work environment or impacts an employee’s job.
  5. Retaliation:
    Employees who file a discrimination claim or request accommodations are protected from retaliatory actions, such as firing or demotion.

The Role of Disability Discrimination Lawyers

Disability discrimination lawyers are critical in navigating these complex claims. They can help:

  • Gather evidence to support your claim.
  • Represent you during mediation.
  • Ensure you receive appropriate compensation for lost wages, emotional distress, and other damages.

Examples of Illegal Disability Discrimination

Examples of illegal actions by employers include:

  • Denying accommodations like schedule adjustments or equipment.
  • Terminating employment after discovering a disability.
  • Refusing to hire qualified individuals with disabilities.
  • Retaliating against employees who assert their legal rights.

Workplace Harassment and Retaliation Protections

Harassment and retaliation based on disability are not just unethical—they are illegal. Employers must foster a respectful work environment and protect employees asserting their rights from retaliatory measures.

Contact California Race Discrimination Lawyers Today

If you’ve faced race harassment or other forms of disability discrimination, contact us today for a consultation. We’ll evaluate your case, help you file a complaint, and pursue the justice you deserve.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

FEHA
The FEHA provides broader protection for persons with disabilities than federal law. California employers with five or more employees must follow the FEHA. California also has broader definitions of mental disability, physical disability, and medical condition than does federal law.
Reasonable Accommodation
An employer is required to interact with an employee to explore all possible means of reasonably accommodating a person prior to rejecting the person for a job or making any employment-related decision. The need for accommodation may arise from a mitigating measure, such as medication taken for the primary disability.
Disability Discrimination
The following two reasons commonly raised by employers are not legally acceptable excuses for discriminating against persons with disabilities: 1. Possibility of future harm to the person or to others. 2. Employing individuals with disabilities will cause an employer’s insurance rates to rise.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

Complete the form below or call: 855-913-1134 for a FREE consultation today.

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