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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.

California Disability Discrimination Comes in Many Forms

In California, employees with disabilities are protected from discrimination under both federal and state laws. The Americans with Disabilities Act (ADA) is the primary federal law, and California’s counterpart is the Fair Employment and Housing Act (FEHA). FEHA often provides broader protections than the ADA and applies to employers with 5 or more employees, compared to the ADA’s threshold of 15 or more employees.

Here are some key rights and protections under California’s FEHA regarding disability discrimination:

  • Protection Against Discrimination: Employers cannot discriminate against individuals with disabilities in hiring, firing, promotion, job assignments, training, pay, and other aspects of employment.

  • Reasonable Accommodation: Employers are required to provide reasonable accommodations to employees with disabilities, as long as it does not cause “undue hardship” to the business. This can include modifications to the work environment or adjustments to the work process that enable an employee with a disability to perform their job duties.

  • Medical Examinations and Inquiries: Employers are restricted in when they can ask job applicants or employees about their medical conditions or require them to undergo medical examinations. Generally, employers can only inquire about medical issues or require an exam if it is job-related and necessary for the conduct of the business.

  • Harassment: Employees with disabilities are protected from harassment based on their disability, which could include offensive remarks about a person’s disability. Harassment is illegal when it is frequent or severe enough to create a hostile work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

  • Retaliation: Employees are protected from retaliation for asserting their rights under disability discrimination laws, such as filing a disability discrimination complaint, participating in an investigation, or requesting reasonable accommodations.

In cases of suspected discrimination, California employees can file a complaint with the Department of Fair Employment and Housing (DFEH), which can investigate the complaint, facilitate mediation, and enforce remedies if discrimination is found. Remedies might include reinstatement, back pay, changes to policies, and compensation for pain and suffering.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.

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?

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.

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