Regardless of a disability, many people want to be employed and do something meaningful with their lives. Or, they simply want the ability to earn their own income and pay for rent, food, gas, and all the other things you need to live a decent qualify of life. The truth is, most jobs are accessible to those with a disability, but employers may need to provide changes and modifications that can help the worker perform their job duties.
Unfortunately, some employers refuse to accommodate employees with serious medical conditions, even though what they are asking for is perfectly reasonable. This is known as disability discrimination, which is against the law in California. If your employer denied you accommodations based on your disability, you may have grounds to file an employment claim and maybe a lawsuit that results in monetary compensation.
Would you like more information on suing your employer for failure to accommodate a disability? If so, contact the office of California Labor Law Employment Attorneys
Group today. Our legal experts have many years of experience in workplace discrimination claims, including cases where the employer refuses to provide reasonable accommodations. Just schedule a free case review and learn about your rights and the legal actions you can take.
What is Disability Discrimination?
First and foremost, it’s essential to have an understanding of what it means to be discriminated against in a legal sense. For someone who is disabled, discrimination refers to an employer treating the employee differently because of a diagnosed or perceived disability. The treatment is negative in nature, like demeaning comments, exclusion from work events, demotions, unfavorable schedule changes, pay cuts, and termination of employment.
Refusing to allow reasonable accommodations is another example of disability discrimination. The employer may refuse to discuss the matter altogether, or they keep denying requests for modifications, even though it will not cause an undue hardship. Or, they will approve the modification, but weeks will go by and nothing has been implemented. So, you decide to assert your employment rights and file a Human Resources complaint. This, in turn, results in termination, demotion, and other kinds of retaliation from your employer.
What Laws Protect Me from Disability Discrimination?
Those with a diagnosed physical or mental disability have protections under various state and federal laws, including:
- The Americans with Disabilities Act
- The Fair Employment and Housing Act
- The Family and Medical Leave Act
- The California Family Rights Act
The first two laws make it illegal for employers to make adverse employment decisions on the basis that an employee is disabled. This includes refusing to accommodate someone with a disability when they ask for modifications like elimination of non-essential duties, time off during the week to attend doctor’s appointments, and the option to work from home a couple of times a week.
These are just examples, and certain changes may not be feasible based on your job duties, the type of business you work for, and other important factors. However, an employee has the right to ask disability accommodations, and employers are required by law to engage in an open dialogue and try to come up with solutions that can of help.
What can You Do as a Victim of Disability Discrimination?
If you are dealing with workplace discrimination, you probably have questions about what you can do to hold your employer accountable. Perhaps you have thought about suing your employer, meaning you would file a lawsuit through the civil court system. Before you can file a disability discrimination lawsuit, you must try to settle the matter by contacting one of two labor agencies:
- The Equal Employment Opportunity Commission (EEOC)
- The California Civil Rights Department (CRD)
The EEOC is a federal agency, so they handle complaints where the employer has violated one or more federal laws. The CRD, on the other hand, is in charge of enforcing California laws on matters like disability discrimination. After conducting an investigation, the applicable agency will issue legal consequences to your employer if there is credible evidence to support your allegations. The other option is to send you a Right to Sue letter, which means you can file a lawsuit for monetary damages, like lost wages, pain and suffering, and damage to your professional reputation.
This is a simplistic description of the legal process, and things only get more complicated once you are at the lawsuit stage. It’s crucial to have an attorney who can guide you through the legal system one step at a time, which we can provide you with here at California Labor Law Employment Attorneys Group.
Fighting for the Rights of Disabled Workers
A physical or mental disability doesn’t have to hold you back from living a meaningful life, one that includes a job or career. Sadly, there are employers who see these individuals as “less than,” and this is why disability discrimination continues to happen at many workplaces throughout California.
You do not have to put up with unfair treatment and denial of reasonable accommodations. Our legal experts can provide you with skilled and effective representation, and we can do this without charging you a penny. As one of our clients, you do not pay hourly fees or a retainer. Instead, we get paid by receiving a percentage of the compensation you receive from a successful discrimination claim. We also have a Zero Fee Guarantee in place from day one, so you are not responsible for legal fees if we do not win your case.
To discuss your eligibility for a disability discrimination lawsuit, please use our contact form or give us a call at your earliest convenience. We look forward to hearing your story and fighting to secure a just and fair resolution on your behalf.
