At Elite Employment Law, we are dedicated to protecting the rights of workers experiencing disability discrimination. Our employment attorney understands the complexities of disability discrimination cases and are committed to seeking justice for employees wronged in the workplace.
If you have faced disability discrimination on the job, we want to help. Contact Elite Employment Law today to schedule a free confidential consultation to discuss your concerns. Our Irvine employment law attorney will listen to you, advise you of your rights, and help you determine your next steps.
How Our Irvine Disability Discrimination Lawyer Can Help You
At Elite Employment Law, we are dedicated to protecting the rights of workers with disabilities. Our firm has a comprehensive understanding of disability discrimination law and decades of experience protecting employees’ rights in the workplace.
You can schedule a free confidential consultation where we will listen to your experience, answer your questions, explain your rights, and help you determine your best next steps.
If we represent you, we will assist you with filing all necessary administrative complaints. As skilled negotiators who often settle cases successfully for our clients without ever needing to file suit, we will engage in strategic negotiations with your employer.
However, if we do not reach a fair settlement, we are ready to take your case to trial to get you the justice you deserve. Every case is unique and we tailor our legal strategy for each client based on their specific situation.
You get personalized attention and compassionate support throughout the legal process as we aggressively pursue the best possible outcome for you.
Disability Discrimination Laws in California
California employees with disabilities are shielded by two primary pieces of legislation – the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). These laws offer strong protections against discrimination, harassment, and retaliation based on a person’s disability status.
The Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits discrimination against people with disabilities in many areas of public life, including employment. It applies to employers with 15 or more employees and covers all aspects of employment, from hiring to termination and everything in between.
The California Fair Employment and Housing Act (FEHA)
FEHA provides even broader protections than the ADA. It applies to employers with five or more employees and often offers more extensive rights and remedies for workers facing disability discrimination.
What Constitutes a Disability?
Under both the ADA and FEHA, a disability is defined as:
- A physical or mental impairment that substantially limits one or more major life activities
- A record of such an impairment
- Being regarded as having such an impairment
California law generally interprets “disability” more broadly than federal law, potentially covering a wider range of conditions.
Protections Offered by Disability Discrimination Laws
Employers are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
Reasonable Accommodations
One of the fundamental protections offered by disability discrimination laws is the right to reasonable accommodations. Employers are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship to the business.
Examples of reasonable accommodations may include:
- Modifying work schedules or shifts
- Providing specialized equipment or assistive devices
- Making facilities accessible
- Reassignment to a vacant position
- Allowing remote work or telecommuting
- Providing interpreters or readers
- Modifying workplace policies
The Interactive Process
When an employee requests an accommodation or the employer becomes aware that an accommodation may be necessary, the law requires the employer to engage in an interactive process. This is a good-faith dialogue between the employer and employee to identify the precise limitations resulting from the disability and potential reasonable accommodations.
Protection Against Harassment and Retaliation
Disability discrimination laws also protect employees from harassment based on their disability and from retaliation for asserting their rights under these laws. This includes protection against adverse employment actions taken in response to requesting accommodations or filing a complaint.
Medical Leave as an Accommodation
In California, employees with disabilities may be entitled to medical leave as a form of reasonable accommodation, even beyond what is provided by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
Some key points about medical leave as an accommodation include:
- It can extend beyond the 12 weeks provided by FMLA/CFRA
- It may be available even if the employee is not eligible for FMLA/CFRA
- The leave must be likely to enable the employee to return to work and perform their job duties
- Employers must consider providing extended leave unless it causes undue hardship
Contact Our Irvine Disability Discrimination Attorney Today
If you believe you have been subjected to disability discrimination in the workplace, we want to help you. Let our experienced Irvine disability discrimination attorney fight to protect your rights.
Contact us today to schedule a free confidential consultation. Standing up against disability discrimination not only protects your rights but also contributes to creating fairer, more inclusive workplaces for everyone.