Bakersfield Disability Discrimination Attorneys

Bakersfield Disability Discrimination Attorneys

Our discrimination employment attorneys in Bakersfield have been representing employees who have been taken advantage of or have been discriminated against at work simply because they belong to a protected class. There are several different laws in place, whether it is on the federal level, state level, or even the local level in Bakersfield that established specific rights for employees. 

When employees are given these rights, they are protected from any abuse of behavior by their employers. Employers have a responsibility to make sure that employees are also respectful towards one another and that no employees discriminate against one another. If you have been discriminated against by your supervisor, manager, or even by other co-workers, you have the right to hold your employer responsible for failing to take adequate measures to ensure a safe work environment. 

Discrimination is considered one of the most difficult types of cases to prove in employment. This is usually because the other party you are accusing may deny that discrimination ever even took place, and they instead took part in that type of behavior because the employee did not perform their work properly. 

Discrimination employment lawsuits take months of investigation and negotiations. We recommend that you schedule a one-on-one consultation with our Bakersfield employment attorneys to get started on your disability discrimination lawsuit right away.

Our Bakersfield employment attorneys only work with contingency fee agreements. Contingency fee agreements are a great way of allowing us to take on your case without you having to worry about how to pay for our attorneys. Instead, our attorneys only collect compensation when we win a settlement or judgment in your favor. Our top-rated lawyers believe that no employer should encourage or take part in despicable behavior.

What laws protect disabled employees?

The most significant laws that are relevant to disabled employees are the Americans With Disabilities Act Of 1990, California’s Fair Employment And Housing Act, and the Rehabilitation Act of 1973. All these acts provide various different protections to disabled employees.

What are ways that an employer could discriminate against a disabled employee?

One of the most common types of experiences that a disabled employee experiences in the workplace is denial of reasonable accommodations. One of the most significant rights that all three of the above-mentioned acts provide to disabled employees is the right to seek reasonable accommodations to continue working productively and efficiently. An employee has a right to request accommodations from their employer to continue taking part in essential functions and responsibilities.

An employer cannot fail to provide reasonable accommodations. For example, some examples of reasonable accommodations include:

• Changing work hours to make the employee more comfortable
• Providing alternative work schedules
• Providing a standing desk to the employee
• Providing a specific chair to the employee
• Changing job duties to something that is more functional for the employee
• Providing the employee with medical leave
• Relocating the area where the employee reports out of
• Unpaid leave under the federal Family and Medical Leave Act

To determine if you have been wrongfully denied reasonable accommodations, we recommend that you talk to our top-rated attorneys. There are specific requested accommodations that may not be considered reasonable under California courts. The idea of reasonableness is a very broad topic and could be defined in various different ways. 

If you believe that you have been discriminated against because you are considered a disabled employee, give us a call today to move forward with filing a lawsuit against your employer. 

How can I request reasonable accommodations as a disabled employee?

The California Civil Rights Department recommends that the employee and the employer engage in an interactive process to come to a resolution when an employee requests reasonable accommodations. The department recommends that the employee fill out a request for reasonable accommodation. This request should be done formally through email or through a letter with the employer. The employer must then act in good faith every step of the way to address the reasonable accommodations. 

What are other examples of disability discrimination in Bakersfield?

• Unequal pay is also a very common type of discrimination that disabled employees admit they face on a daily basis. For example, those with a disability may be getting paid less, or may not be offered benefits that other employees may be offered. This is because a stereotype may exist among the employer or other coworkers that those who are disabled may not be able to perform productively as other employees.
• Harassment is also a very common type of discrimination that disabled employees may face among their coworkers. Sometimes, harassment takes place virtually through social media or among texts through coworkers.
• An employer may not hire or promote a disabled employee, and may consider other employees without disabilities as qualified candidates.
• Besides providing reasonable accommodations to an employee, an employer must also make all facilities at the workplace accessible to all employees. This means an accessible elevator and bathrooms.
• An employer cannot terminate or demote an employee if they have had a change in functionality and are now considered a disabled employee.
• An employer cannot ask an employee intrusive medical questions while the employee is working, or even during the hiring process.
• An employer cannot retaliate against a disabled employee for speaking up against the disability discrimination that they have faced at work. This is considered workplace retaliation and is considered illegal. 
• An employer cannot leave the disabled employee out of employee events such as happy hours, lunches, or everyday meetings. 

The above topics are various different ways that discrimination could take place in the workplace. However, each employee faces discrimination differently. If you believe you have experienced workplace discrimination from your Bakersfield employer, call us today to discuss what type of discrimination you have faced, and whether or not you have a valid claim and lawsuit. 

Are disability discrimination lawsuits common?

Unfortunately, disability discrimination lawsuits are not as common as many think because many disabled employees are afraid of speaking up and reporting discrimination. Many rely on their jobs as income and are afraid of speaking up and then getting fired or demoted. Employees should be rest assured since there are several laws in place that protect an employee from being retaliated against.