Disability Discrimination in the Workplace – You have Rights

Disability discrimination as it relates to your job occurs when employers make employment decisions that are solely or primarily based on the worker’s medical condition. Discrimination over a disability can be exemplified by a failure to hire someone, loss of work opportunities, termination of employment, demotion, pay cuts, and harassing / offensive comments. Each case of disability discrimination is unique, as you can see from the following scenarios:

• An employee is hurt in an accident and finds out that he will be permanently disabled. When the employee comes back to work, he is initially treated with concern and respect. However, the employer’s treatment of the employee becomes more negative as time goes on. The worker finds that he is assigned menial and redundant tasks that no one else wants to do. The employer also excluded him from certain opportunities for training and growth within the company. For instance, the worker is overlooked for bonuses, promotions, and special projects that he is qualified for.
• A disabled woman is hired by a company and treated fairly until there is a change in management. Suddenly, she notices that her superiors joke about her condition and allow her colleagues to do the same. When she complains about these comments, the employer tells her that she is demoted to a lower position because of her job performance. However, they do not provide her with any proof of how she if failing to meet expectations. The employee fights the demotion, which comes with a significant pay cut, and the employer retaliates by telling her she’s fired.
• An employee develops a degenerative condition that makes it painful for him to do certain tasks at his job. However, his doctor tells him that a standing desk will help him perform his work with minimal pain. The employer agrees to get him a standing desk, but in the upcoming weeks, there are numerous excuses as to why the desk hasn’t been ordered. Because of the increasing pain and the employer’s failure to approve the request for a disability accommodation, the worker’s performance begins to suffer, and the employer uses this as an excuse to fire him.

We are aware that many employers obey the laws and work with their employees to accommodate their physical or mental disability. However, there is no denying that disability discrimination is an on-going problem in California workplaces. Those who are subjected to unlawful treatment over a disability can take action against their employer with help from a skilled employment attorney.

Disability Discrimination Statistics

The world is far from ideal, and people are faced with all sorts of unpleasant situations, including discriminatory conduct from their employer. According to data from the U.S. Equal Employment Opportunity Commission, the rate of complaints regarding disability discrimination has gone up in recent years. In 2006, around 28,000 claims were filed by disabled employees against their employers. In 2015, that number rose to over 38,000. If we look at the statistics in California, the number of disability discrimination claims was over 2,000, but in 2014, there were more than 3,700 complaints. Unfortunately, unfair treatment of people with a disability continues to affect thousands of California workers on a yearly basis.

Recent figures also indicate that 8.5% of people in the U.S. between 21 and 64 years old are disabled. In California, around 20% of all adults have a condition that qualifies as a disability, so it’s clear that a significant portion of the workforce is dealing with a serious medical issue. This makes them vulnerable to harassing and unequal treatment by their employer, which is against the law.

Laws that Prohibit Disability Discrimination

Laws by the federal government and the state of California make it illegal for employers to discriminate against disabled employees. That means you cannot be treated unfavorably simply because you have a temporary or permanent disability. In addition, employees with serious injuries and/or illnesses may be entitled to extended medical leave without the fear or losing their job.

Laws that protect workers in California from disability discrimination include:

• The Americans with Disability Act (ADA)
• The Family and Medical Leave Act (FMLA)
• The Fair Employment and Housing Act (FEHA)
• The California Family Rights Act (CFRA)

These are the most important statutes that protect workers with a disability, but there are many other laws that apply to unfair treatment in the workplace. The FMLA and CFRA apply in situations where the employee needs extended leave from their job for a serious illness / injury or to care for a sick family member. Under either of these laws, you may be entitled to 12 weeks of leave within a 12-month period. This is job-protected leave, meaning that your employer is forbidden from terminating you because you asked for time away from work under the FMLA or CFRA.

Failure to Accommodate as a Form of Disability Discrimination

A disability can make it difficult for employees to access employment opportunities in the same way as non-disabled workers. However, most people with a disability can succeed in many work environments if the employer is willing to make accommodations. Reasonable accommodations for a disability include a wide variety of modifications, like changes to the layout of the office, providing assistive aids and ergonomic furniture, and allowing the employee to work from home. Or, the employer can allow for a flexible schedule to make room for medical treatments and doctor’s appointments.

Workplace accommodations are not just a matter of ethical treatment, by the way. Most employers need to comply with a disabled employee’s request for work-related accommodations. This is clearly spelled out in the federal government’s Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees. Please note, however, that the accommodation you ask for must not place an undue hardship on the employer. So, it’s essential to go into the process with realistic expectations and willingness to compromise as needed.

Your employer cannot outright refuse to engage with you on the subject of reasonable accommodations for a disability. Please note that even if your workplace has fewer than 15 employees, you may qualify for protection under California’s Fair Employment and Housing Act (FEHA). This is a state legislation that’s similar in nature to the ADA. However, employers must provide reasonable accommodations under FEHA if they have 5 or more employees. This is an important consideration, as there are many small businesses that are not covered by the ADA because they do not have enough workers. Under California law, most employers must comply with the rules concerning accommodations for disabled individuals.

What Actions can I Take against My Employer?

Disability discrimination is a foreign concept to many people who do not live with a physical, intellectual, or psychological impairment. However, being treated differently than everybody else is something no one should have to go through in the workplace. Your employer should maintain a policy of fair access and equal opportunities for everyone. If your employer fails to uphold these standards, you have the right to take certain kinds of legal action.

The big question is, what are the actions you can take when you are experiencing disability discrimination? Generally, there are three options for those who are interested in pursuing a case for discrimination in the workplace. These include filing a labor law violation claim at the federal level, filing a claim with the state government of California, or filing a civil lawsuit for discrimination by a California employer.

If you wish to file a claim based on your employer violating a federal employment law, the agency you need to contact is the Equal Employment Opportunity Commission (EEOC). This agency reviews and investigates claims that have to do with federal statutes, like the Americans with Disabilities Act and Title VII of the Civil Rights Act.

At the state level, you can file a disability discrimination claim with the Civil Rights Department (CRD), which used to be known as the Department of Fair Employment and Housing. So, if the issues with your employer have to do with violations of California employment laws, this is the agency you would turn to.

Each of these agencies has a duty to review the evidence you submitted and take various actions to investigate your claim. Once the investigation is concluded, the applicable agency may order your employer to pay compensatory damages and civil penalties. That means you can receive payments for lost wages, emotional harm, and other financial losses up to a certain amount, based on the size of the employer.

If you are interested in filing a lawsuit for discrimination, you must begin the process by filing an EEOC or CRD claim. You can only go ahead with a lawsuit if you receive a Right to Sue letter from either agency. For a detailed explanation on suing your employer for disability discrimination, please take some time to speak with a member of our legal team.

Payments Resulting from a Disability Discrimination Claim

You already know that lawsuits can result in monetary payments from the party at fault, and the same principle applies in cases of employment law violations. But what are the payments that can be obtained by filing a discrimination based on a disability lawsuit? What is the amount you can receive as someone whose rights were violated by a discriminatory employer?

These are important questions to ask yourself, whether you are currently dealing with illegal treatment or lost your job after a period of discrimination by your employer. Frankly, knowing what you can expect in compensation plays a big role in whether or not to file a claim. With that in mind, let’s take a look at the categories of economic and non-economic damages that may be available for recovery:

• Lost wages – this is essentially all the wages you would have earned were it not for discriminatory decisions by your employer. Your hourly wages or salary are covered by these payments, along with any lost bonuses, commissions, unpaid overtime, and various other income.
• Lost job benefits – aside from getting a paycheck, being employed often comes with benefits, which you can also receive as compensation from a disability discrimination lawsuit. Benefits you can claim include health insurance premiums, life insurance payments, stock options, retirement contributions, and sick / vacation days (PTO).
• Pain and suffering – those who struggle with long-term discrimination related to their employment can end up with emotional distress that takes a toll on their mental health. The level of psychological harm is different for each claimant, but many of our clients struggle with depression, anxiety, sleep disorders, panic attacks, and other symptoms as a result of their experience.
• Punitive damages – A form of compensation that can only be awarded by a jury. If you take your case to trial and the verdict is in your favor, the jury can order your employer to pay an additional amount, i.e., punitive damages. This is a way to punish the employer if the actions that affected the employee meet the standard of gross negligence.

In some cases, the victim may be reinstated to their former position (if they were wrongfully terminated or demoted). A lawsuit can also result in policy changes at your workplace, thereby ensuring greater accountability by your employer and hopefully, preventing further incidents of disability discrimination. Reinstatement is not right for everyone, and realistically, it’s better for most people to move on by finding a job somewhere else. Then again, reclaiming what is rightfully yours and showing your employer that you cannot be chased away may be the right course of action. You may also consider going back to work or staying with your current employer if you can be transferred to another location or department.

At the end of the day, there is a lot to think about and go over before you can decide how to proceed with a case for disability discrimination. The legal experts of California Labor Law Employment Attorneys Group can help with all your questions and concerns, so don’t hesitate to give us a call.

Compensation Limits in Lawsuits for Disability Discrimination

You may be eligible for monetary damages from a discrimination lawsuit. However, the amount you can recover may be subject to limits that are established by the federal or state government. For example, let’s say you pursue a disability discrimination claim with the U.S. Equal Employment Opportunity Commission. The EECO has caps on how much compensation can be paid to the victim, which is based on the size of the employer’s workforce.

• Employment claims against employers with 15 to 100 employees have a limit of $50,000.
• If your employer has 101 to 200 employees, the compensation limit is $100,000.
• For employers with 201 to 500 employees, the limit for damages due to disability discrimination is $200,000.
• If you are seeking damages from an employer with more than 500 workers, the maximum compensation is $300,000.

Keep in mind that these limits apply only to claims that are resolved by the EEOC. It’s possible that you can receive much more from a lawsuit, especially if you have a case for punitive damages, which are awarded by juries for especially negligent and malicious conduct by an employer.

Deadlines for a Disability Discrimination Claim

In spite of your right to file a complaint and sue your employer for discrimination, you must stay on top of deadlines that pertain to employment cases in California. Otherwise, you will lose the right to seek compensation and other forms of justice, even if you have clear and conclusive evidence of your employer’s wrongdoing.

Employment lawsuits can be tricky, as the statute of limitations depends on various factors, like the nature of your complaint against your employer. The agency you are filing with can only affect how much time you have for a disability discrimination claim. It’s easy to get these deadlines mixed up or forget about them altogether, and this can result in a dismissal of your case.

The amount of time that is allowed for an employment claim is something you should take note of right away. Here are the deadlines that apply to discrimination claims that have to do with a disability:

• As a California employee, you have 300 days starting from the date of violation by your employer to file a claim with the Equal Employment Opportunity Commission.
• If you are given permission by the EEOC to file a civil lawsuit against your employer, you have 90 days to do so from the date on the Right to Sue letter.
• You have 1 year from the date of discrimination to file a complaint with the California Civil Rights Department.
• If your Right to Sue notice is issued by the CRD, you have 1 year to file a workplace discrimination lawsuit for monetary damages.

You may be wondering about the Right to Sue letter, which is something most people are unfamiliar with. This is a formal document that may be sent to you following an investigation by the labor agency in charge of your complaint. Until you receive the notice from either the EEOC or the CRD, you cannot petition the court for a lawsuit. As you can see, there’s a lot to know and juggle when it comes to your employment rights, and this is why many people seek help from a disability discrimination lawyer.

Steps to Take as a Victim of Disability Discrimination

It’s important to recognize employment discrimination and take steps to resolve the situation as soon as possible. Of course, you will need evidence to proceed with a claim against your employer. Many victims want to give their employer a chance and not ruffle any feathers, and this is why they are reluctant to admit what is going on at work. However, you can still engage in the process of collecting evidence that can be of help if you decide to pursue a disability discrimination claim. To protect your interests, make sure to:

• Keep a written log of all incidents where you were subjected to discrimination over your medical issues, including the date, time, description of the incident, and the people involved. Make sure to include specific phrases or actions by your supervisor, co-workers, administrators, etc. that clearly indicate violations of state or federal anti-discrimination laws.
• Identify any witnesses (coworkers, for example) and make sure you have their contact information. These individuals may be willing to provide written statements or testify on your behalf.
• We understand how uncomfortable it may be, but you should have a conversation about your suspicions regarding disability discrimination with your supervisor or manager. Document these conversations and include them in your written log of incidents.
• If the problem continues after speaking with your supervisor, file a workplace discrimination complaint with your Human Resources department / representative. Be sure to report every incident and ask for a copy of the report by HR each and every time.
• If filing a Human Resources complaint fails to achieve the intended results, file a disability discrimination claim with the appropriate employment agency (the CRD or the EEOC).
• Seek legal advice and guidance from a lawyer that can sue for disability discrimination.

Preparing ahead of time and laying the foundation for a legal case is crucial, even if you are not currently thinking about a lawsuit for discrimination over a disability. It can be challenging to build a strong case if you don’t save evidence right from the start, and that will compromise your ability to obtain lost wages and other types of compensation. Our employment attorneys are here for you day and night if you would like more information on what you can do to prepare for a disability discrimination claim.

A Review of Disability Discrimination Lawsuits

We have talked about disability discrimination at length, but how do these cases work in real life? To answer this question, let’s take a look at some lawsuits from the past involving disabled employees and how they fought back against an unjust employer. The following examples will help you gain an understanding of potential outcomes if you choose to file a lawsuit for disability discrimination.

Virginia Hoover v. Dignity Health, St. John’s Pleasant Valley Hospital, and St. John’s Healthcare Foundation Oxnard and Pleasant Valley

Virginia Hoover injured her shoulder at work. She was cleared by the doctor to resume working, as long as there was no lifting or reaching with the arm that was on the same side as the injured shoulder. Hoover said her employer, a hospital, failed to accommodate her disability restrictions or assign her to another position while she was recovering. Instead, she was fired by the hospital, even though she could have performed her essential job functions with reasonable accommodations. Hoover also pointed out that such accommodations were made for other employees in her department. The jury ruled in favor of the plaintiff and ordered the employer to pay $1.02 million in economic damages and emotional distress.

Harold Carter v. Federal Express Corporation

Harold Carter needed surgery because of a work-related injury. Carter was allowed to return to work under certain restrictions and came back to his job in May 2015. The plaintiff claimed that FedEx denied him certain work restrictions and later fired him. The claimant sued the employer for disability discrimination, failure to engage accommodate his disability, and retaliation in the form of wrongful termination.

According to the employer, Carter’s firing was based on company policy. They claimed that the employee had been issued 3 disciplinary letters during a 12-month period. So, the termination was in accordance with the policy that every employee was aware of, and the plaintiff would have lost his job with or without the work injury. The jury agreed with FedEx on this issue, but they also acknowledged Hoover’s claim that the employer failed to engage in the interactive process and provide reasonable accommodations. As a result, Hoover was awarded over $5,000,000 in past and future monetary losses and emotional distress.

Anahit Shirvanyan v. Los Angeles Community College District

Anahit Shirvanyan was diagnosed with a severe case of carpal tunnel syndrome in 2015. She asked her employer for reasonable accommodations in order to perform her job duties as a kitchen worker. In spite of her continued complaints about pain and the need for accommodations, her supervisor ignored her requests and even questioned her need for a splint.

In 2015, she went on medical leave for 3 months after injuring her arm. During this time, her contract with the Los Angeles Community College District expired. In her lawsuit, she alleged that the employer allowed the contract to expire without notifying her, failed to engage in the interactive process, and refused to allow accommodations that were within reason. The jury agreed that the employer committed disability discrimination and awarded the claimant over $2,8 million.

Lucia Cortex v. Chipotle Mexican Grill

Lucia Cortez, an assistant manager for Chipotle, was diagnosed with depression and anxiety disorder after a miscarriage. As a result, she took 3 months of unpaid leave to work on her mental health issues. She asked for an 6 additional weeks of leave, which the employer initially approved, but later rescinded. When Cortez did not come back to work, Chipotle terminated her employment with the company. The jury agreed that the plaintiff had used up the amount of time she was legally entitled to for job-protected medical leave and should have come back to work. As she failed to return after the 3-month period, the jury ruled in favor of the employer.

For a detailed discussion on your own situation with disability discrimination, please contact our law firm. You are guaranteed certain rights as someone with a disability, and we can help you obtain monetary damages if you were denied reasonable accommodations, lost your job, or faced other adverse treatment from your employer.

Help from a Lawyer That Specializes in Disability Discrimination

As someone who is dealing with discrimination at your job, you may be under the impression that putting up with the abuse and not rocking the boat is the best course of action. We understand how you feel, and frankly, taking legal action is a big decision that may not be right for everyone. Perhaps right now is the time to focus on your physical and mental recovery over anything else. On the other hand, it’s difficult to make an informed decision without knowing all the facts. This is why we encourage you to contact the offices of California Labor Law Employment Attorneys Group.

We have a team of employment discrimination lawyers who are ready to speak with you 24 hours a day, 7 days a week. Our law firm has been fighting for the rights of disabled employees for many years, and we are ready to guide you through the legal process, one step at a time. We can’t promise that the road to justice will be smooth and easy, but it’s possible to hold your employer accountable and recover the losses you suffered through no fault of your own.

Our legal team is familiar with the problems facing those who are fired or subjected to some other form of disability discrimination. This includes financial losses, which makes it hard to pay for an attorney to represent you in a disability discrimination case. We have always operated under the belief of making legal services accessible to anyone who is victimized by their employer. This is why your journey with us always begins with a free, no-obligation case review. During this time, we can discuss your experience and the legal actions that are available to you.

If you are interested in pursuing a disability discrimination lawsuit, you will receive the Zero Fee Guarantee from day one. Under this agreement, we promise that you will never pay a single cent out of pocket. In fact, you pay nothing at all for the entire duration of your case, as all of our attorneys work on contingency. In order to get paid, we have to win your case and receive legal expenses directly from the party you are suing. Otherwise, we make $0, and you owe us absolutely nothing.

Would you like to learn more about your rights and legal options as a disabled employee who is facing discrimination from your employer? If so, don’t hesitate to call us and schedule a consultation with one of our legal experts, completely free of charge.