Disability Discrimination

Discrimination & Harassment

Disability Discrimination

Disability discrimination happens when an employer takes an adverse action against you because of a disability. Discriminatory acts in the workplace could include failure to hire, failure to promote, disparate pay, failure to provide training, demotion, harassment, or termination. The Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) define a disability differently. The ADA only applies to employers with at least 15 employees. FEHA applies to employers that have at least five employees.

Providing Experienced Legal Counsel Against Disability Discrimination

Disabled people are a protected class under federal and state laws. These laws generally make it illegal for employers to discharge, fail to promote, fail to hire or otherwise mistreat an individual because of a physical or mental disability so long as that person is able to perform the job. It also requires employers to make reasonable accommodations for employees with such physical or mental disabilities.

Who Is Covered Under the Disability Laws?

Legally, the definition is broader than you may think. For example, under California law, you are protected if you:

  • Have any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that limits your ability to participate in major life activities such as working, talking, walking, hearing, seeing or learning. Examples include HIV/AIDS, hepatitis, epilepsy, diabetes, and multiple sclerosis.
  • If your employer perceives you to have a physical impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.
  • Have a history of a medical condition or impairment such as cancer that is in remission.
  • Have a permanent or even temporary physical or mental impairment, including a condition that may last six months or less such as a broken leg, clinically diagnosed depression, stress or anxiety, pregnancy, ADHD/ADD, etc.

Types of Discrimination

Disability discrimination encompasses a wide range of scenarios, including:

  • Failure to accommodate for disability or medical condition;
  • Failure to hire a qualified employee because of their disability or perceived disability;
  • Discharging or letting go of a disabled individual for requesting an accommodation; or
  • Failure to engage in the interactive process

What Reasonable Accommodations Should You Expect In Your Workplace?

According to the law, employers are required to provide reasonable accommodations for employees with disabilities. Accommodations can include:

  • Offering an accessible workspace
  • Medical leave or extension of medical leave
  • Modified equipment or devices
  • Letting an employee to work from home
  • Reassigning to an available position
  • Adjusted or modified work schedules
  • Interpreters or other required assistance
  • Providing additional training and resources

Let Salusky Law Protect Your Rights!

The attorneys at Salusky Law Group have decades of experience. We are respected for our advocating on behalf of our clients using every available tool available. We provide honest representation of clients in valid disability discrimination claims.

Contact Us To Discuss Your Case

If your employer discriminated against you based on a disability, please call us to discuss your case. We will work with you to understand how the wrong that you suffered has adversely affected your life. We analyze the facts of each case with the goal of providing you with the best possible advice and advocacy.

(562) 855-0004
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Disability Discrimination Frequently Asked Questions & Information

The California Fair Employment and Housing Act (“FEHA”) requires employers of five or more employees to provide a reasonable accommodation to employees with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. Some examples of reasonable accommodations can include, but is by no means limited to the following:

  • Change of job duties
  • Providing leave for medical care
  • Changing work schedules
  • Relocating the work area
  • Providing mechanical or technology aids

Employees with disabilities may have separate right to unpaid leave under the Federal and Medical Leave Act or the California Family Rights Act.

Employers must initiate an “interactive process” when an applicant or employee requests a reasonable accommodation. The employer must also offer to initiate the interactive process when the employer becomes aware of the possible need for an accommodation. This awareness may come through the employee, a third party, observation, or because the employee has exhausted all leave benefits but still needs a reasonable accommodation.

The process requires an individualized assessment of both the job and the specific limitations of the employee that are directly related to the need for the reasonable accommodation.

If your employer refuses to engage in the interactive process to evaluate whether you qualify for a reasonable accommodation, please contact us to discuss what remedies might be available to you. If a reasonable accommodation is in fact a viable option and your employer refuses to provide one, you may have a claim against your employer which could include the following potential remedies:

  • Back pay (past loss of earnings)
  • Front pay (future loss of earnings)
  • Reinstatement
  • Out-of-pocket expenses
  • Policy changes
  • Training
  • Reasonable accommodation(s)
  • Damages for emotional distress
  • Punitive damages
  • Attorney’s fees and statutory costs
Complimentary Consultations for your legal matter from Salusky Law Group

Do You Believe You Have Suffered Discrimination?

If you believe you have suffered discrimination in the workplace, do not wait to act. Call us at (562) 855-0004, or Contact Us. Our consultations are complimentary.

Contact Us

Do You Believe You Have Suffered Discrimination?

If you believe you have suffered discrimination in the workplace, do not wait to act. Call us at (562) 855-0004, or Contact Us. Our consultations are complimentary.

Contact Us