Discrimination in the workplace is a common experience that many workers face when they have a disability. To put it simply, disability discrimination refers to job applicant or employee receiving unfair treatment by an employer because on the basis that they are disabled. This is not only unethical; it’s against the law in California to demote or fire an employee, refuse to hire someone, or fail to provide reasonable accommodations for those with a disability.
Please note that disability discrimination in the workplace is not just a matter of ethics; it’s illegal for employers to engage in practices like not hiring someone, firing on demoting an employee, or retaliating against a worker that asks for reasonable accommodations because of a disability.
As a victim of discrimination by your employer, you may have grounds to file a claim for monetary compensation. The California employment lawyers at our office have the necessary skills and experience to help you achieve justice in a discrimination and retaliation complaint. These cases are extremely complex, but a successful resolution is possible when you have California Labor Law Employment Attorneys Group by your side.
What is Workplace Disability Discrimination?
To get a sense of what disability discrimination means in a legal sense, let’s look at 4 examples that illustrate workplace disability discrimination:
Not Hiring a Job Applicant Based on a Disability
Perhaps you had the experience of a great phone interview, followed up by an interview in person that was cut short when the employer saw that you were disabled. Or, you were close to being hired until you brought up reasonable accommodations for your medical condition. Later that day, you get a phone call or email saying that you lack the necessary qualifications or some other excuse.
Prospective employers in California cannot refuse to hire a qualified applicant on the basis of a disability. In addition, they cannot require a medical exam or ask questions about the disability until they make a conditional job offer. The only exception is if it’s obvious that you are disabled or choose to disclose your disability before such an offer is made. However, an employer cannot violate your privacy rights, so their questions must be limited to the type of accommodations you would need. After a job offer is extended to you, the employer is allowed to require proof of your disability, i.e., a medical exam.
Unfortunately, it’s very challenging to fight back against claims of disability discrimination during the hiring process. Building a strong case with solid evidence requires help from an employment discrimination lawyer.
Demotions or Termination Because of a Disability
It is illegal for any employer to take punitive measures against a disabled employee strictly on the basis of their disability. Negative actions that can form the basis of a disability discrimination case include:
- Firing you from your job
- Demoting you or reducing your work hours
- Not making you part of projects you are qualified to handle
- Keeping you from deserved promotions and other opportunities
- Failing to provide you with benefits that are enjoyed by other employees
- Taking disciplinary actions against you without a legitimate basis
- Reducing your salary or hourly wage
It is illegal for employers to retaliate against employees that file a disability discrimination complaint. As a victim of retaliation for complaining of unfair treatment in the workplace, you have legal rights, which we can discuss with you during a free, confidential case review.
Workplace Harassment
Disability discrimination can result in a hostile work environment, where people are subjected to harassment and other abusive behavior. Victims may have grounds to file a lawsuit if they are subjected to workplace harassment, such as:
- Invasive questions or comments about a disability
- Degrading comments
- Accusations of special treatment because you are disabled
- Denying reasonable accommodations for you to do your job
- Failure by supervisors / administrators to stop harassment of a disabled employee
- Forcing you into positions that aggravate your disability
- Failing to provide you with reasonable accommodations
- Continually assuming / insinuating that you are incapable of doing your job
Refusal to Provide Reasonable Accommodations
Providing work accommodations that are within reason is a legal requirement for employers under the Americans with Disabilities Act (ADA). In essence, these are accommodations that enable workers with disabilities to complete essential job duties. A discrimination claim can be filed against an employer that fails to provide reasonable adjustments or modifications
As for what is defined by law as a reasonable work accommodation, here are some common examples:
- Approving time off for medical needs
- Modifying essential job tasks or eliminating non-essential ones
- Changing work shifts or allowing greater flexibility in work schedules
- Relocating the employee to another work area
- Providing electronic and mechanical aids
Keep in mind that employers are not required to make every single accommodation that is requested by a disabled employee. Certain request by the employee may impose an “under hardship” on the employer, which means it does not fall under the category of reasonable accommodations.
Legal Advice from a Disability Discrimination Lawyers
Workplace discrimination leaves you feeling vulnerable and isolated, but help is out there, including legal representation from a qualified employment rights attorney. California Labor Law Employment Attorneys Group is here for you every step of the way, and we will not rest until you receive justice for the harm you suffered.
All cases are accepted on contingency and backed by the Zero Fee Guarantee. That means we will handle every aspect of your case, including negotiation of the compensation you are owed. At that point, a percentage of the recovered funds will go toward legal fees. If we don’t recover your payment, you pay us absolutely nothing.
We are more than ready to advise you of your rights and build a solid case on your behalf. Reach out to us at your earliest opportunity and receive a free consultation from one of our legal experts.
