Disability Attorneys in Irvine

Disability Attorneys in Irvine

According to the United States Census, residents under the age of 65 with disabilities in Irvine represent about 3% of the population. This statistic highlights the significant number of individuals who are living with disabilities in this city.

Understanding Disability Discrimination in the Workplace

It’s crucial to understand that, under U.S. law, employers are prohibited from discriminating against employees based on their disability or impairment. This means that if an employer takes adverse actions against an employee due to their disability, it constitutes disability discrimination.

Q: What should you do if you face disability discrimination at work?
If you believe you are a victim of disability discrimination, you have the right to file a claim against your employer. It is important to document any incidents of discrimination and seek legal advice to understand your options.

Legal Protections for Disabled Employees

The Americans with Disabilities Act (ADA) provides comprehensive protections for employees with disabilities. Employers are required to provide reasonable accommodations to enable employees with disabilities to perform their job functions effectively.

If you’re facing disability discrimination in the workplace, our dedicated attorneys in Orange County and Irvine are available 24/7 to protect your rights. We are committed to ensuring that your claims are asserted effectively and that discrimination is eliminated from your work environment.

Understanding Disability Discrimination Laws

In both federal and state jurisdictions, several laws are designed to protect employees with disabilities. Under the United States Equal Employment Opportunity Commission (EEOC), disability is classified as a protected class. This designation means that employers are legally prohibited from discriminating against employees based on their disability status.

What Does Disability Discrimination Mean?

Disability discrimination occurs when an employer treats an employee unfavorably because of their disability. This can include biased hiring practices, unequal pay, or denial of reasonable accommodations. Such actions are not only unjust but also illegal under the EEOC guidelines.

Why Seek Legal Help?

Navigating the complexities of disability discrimination laws can be challenging. By working with experienced attorneys, you ensure that your case is handled with the expertise and dedication it deserves. Our team will advocate for your rights, working tirelessly to rectify any discrimination issues and securing the justice you deserve.

Frequently Asked Questions

What should I do if I believe I’m experiencing disability discrimination?

Document any instances of discrimination and consult with a qualified attorney. They can guide you through the process of filing a complaint and pursuing legal action if necessary.

How can disability discrimination be proven?

Evidence such as emails, witness statements, and performance reviews can help demonstrate that discrimination has occurred. An attorney can help you gather and present this evidence effectively.

Disability protections are crucial in ensuring fair treatment in the workplace. These protections span every facet of employment, safeguarding individuals from discrimination and ensuring equal opportunities. This includes various stages from the initial hiring process to the eventual termination of employment.

Interviewing and Hiring

When interviewing applicants, it’s essential to adhere to disability protections. Employers must avoid discriminatory practices and provide equal opportunities for all candidates, regardless of their disability. This commitment is in line with guidelines provided by the Equal Employment Opportunity Commission (EEOC), which stresses the importance of an inclusive hiring process. KTLA has covered how employers can implement fair hiring practices.

Employee Management

Disability protections also cover the ongoing management of employees. This encompasses decisions related to promotions, demotions, and transfers. Employers must ensure that these decisions are made fairly and are not influenced by an employee’s disability. For detailed insights on managing disability accommodations, KCAL-TV offers valuable information.

Compensation and Benefits

Equal treatment extends to salary and benefits as well. Employers are required to offer fair compensation and benefits to all employees, irrespective of any disability. This aspect of disability protection ensures that employees with disabilities are not disadvantaged in terms of salary or access to benefits. KCRW provides coverage on the importance of equitable compensation practices.

Termination of Employment

Lastly, disability protections are in place to ensure fair treatment during the termination process. Employers must follow legal guidelines to avoid wrongful termination and ensure that decisions are based on legitimate reasons unrelated to the employee’s disability. For more on this topic, KLAS-TV offers insights into legal considerations during employment termination.

Not only is disability discrimination illegal, but it is unethical. Our attorneys understand how traumatic of an experience it could be to be discriminated against, especially by your employer. If you or a loved one has faced disability discrimination or retaliation in the workplace, contact our Orange County discrimination attorneys immediately.

Who Is Protected Under Disability Protection Laws?

Under both Federal and California laws, all disabled citizens are afforded protection. In California, a disability is defined as an impairment that significantly hinders the performance of major life activities. Notably, California’s definition of disability is broad and does not specify particular diseases or disorders.

For a detailed overview of California’s disability laws, you can refer to the California Department of Fair Employment and Housing (DFEH) disability protections.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) also provides protections, though it does not explicitly list specific diseases or disorders as disabilities. Instead, it offers a broad definition, and it is up to the United States Supreme Court to determine what qualifies as a disability based on their interpretations.

Employer Obligations and Employee Rights

Both federal and state laws make it illegal for employers to discriminate against employees solely due to their disability or impairment. Employers are required to provide reasonable accommodations to enable employees to perform their job duties effectively.

What Are Reasonable Accommodations?

Reasonable accommodations may include modifications to work schedules, adjustments in job duties, or changes in the work environment. Employees have the right to request these accommodations as long as they do not cause undue hardship to the employer.

The California Fair Employment and Housing Act (FEHA) provides robust protections for individuals with disabilities. It ensures that people with certain conditions are protected from discrimination in the workplace and beyond. The following conditions are recognized as disabilities under FEHA:

Diabetes

Diabetes is a chronic condition that affects how the body processes blood sugar (glucose). Under FEHA, diabetes qualifies as a disability if it significantly limits one or more major life activities.

Human Papillomavirus (HPV)

HPV is a viral infection that can lead to various health issues, including cancer. FEHA considers HPV a disability when it substantially restricts an individual’s ability to perform daily activities.

Bipolar Disorder

Bipolar disorder is a mental health condition characterized by extreme mood swings. FEHA recognizes bipolar disorder as a disability when it impacts major life activities, including work and social interactions.

Multiple Sclerosis

Multiple sclerosis (MS) is a disease that affects the central nervous system. FEHA acknowledges MS as a disability due to its potential to interfere with major life activities and bodily functions.

Heart Disease

Heart disease encompasses various conditions affecting the heart’s health and function. FEHA includes heart disease as a disability when it limits an individual’s ability to engage in major life activities.

Clinical Depression

Clinical depression, or major depressive disorder, is a severe form of depression that impairs daily functioning. Under FEHA, clinical depression is considered a disability if it restricts major life activities.

Hepatitis

Hepatitis is an inflammation of the liver that can lead to serious health complications. FEHA recognizes hepatitis as a disability when it significantly affects an individual’s major life activities.

Epilepsy

Epilepsy is a neurological disorder characterized by recurrent seizures. Under FEHA, epilepsy qualifies as a disability if it limits an individual’s ability to perform daily activities.

Frequently Asked Questions (FAQs)

Q: What types of accommodations might an employee with diabetes need?

A: Employees with diabetes may require accommodations such as flexible break times for blood sugar monitoring or access to a refrigerator for insulin storage. Employers are required to provide reasonable accommodations to support these needs.

Q: How does FEHA protect individuals with mental health conditions like bipolar disorder?

A: FEHA mandates that employers provide reasonable accommodations and prevent discrimination against employees with mental health conditions. This includes adjustments to work schedules or environments to support mental health.

What Is Disability Discrimination in Irvine?

Disability discrimination is when an employer engages and any adverse conduct in a variety of employment situations, such as wrongfully terminating an employee, failing to provide any reasonable accommodations, or failing to accept a family medical leave. There are a variety of ways an employer could be held liable for disability discrimination.

Many employees who face disability discrimination do not even know that they have a claim against their employer. That is why if you think you have a potential claim against your employer, it is important that you seek medical care immediately. You do not have to fight for your rights alone. Our Irvine attorneys are ready and able to help you every step of the way.

Could I Request A Leave of Absence in California?

Employees are entitled to a leave of absence when needed. This means that if certain circumstances require the employee to take time off, the employee does have the right to take time off without fear of getting fired when they return to their jobs. Under reasonable circumstances, your leave of absence should be approved. Examples of leave of absence include when the employee is injured and sustains a disability, or when the employee is pregnant.

What Are Reasonable Accommodations?

Under both Federal and California laws, an employer is required to provide reasonable accommodations to a disabled employee upon their request. There is no time frame as to when an employer must respond, however an employer must respond as soon as possible. If your employer has not responded and has constantly delayed providing you any reasonable accommodations, contact us immediately.

These reasonable accommodations are meant to assist the employee when performing their job. These reasonable accommodations include:

• Medical leave under the Family Medical Leave Act 
• Transferring the employee
• Providing the employee modified devices
• Making the workplace accessible, such as restrooms
• Giving the employee a disabled parking spot
• Modifying work schedules
• Modifying job responsibilities to make it less strenuous
• Allowing the employee to work remotely if possible

Examples of Disability Discrimination in Irvine

It’s not often that simple to point to a specific instance of disability discrimination. That is why it is very important to hire an experienced Irvine discrimination attorney that can gather as much evidence as possible in your favor and to assert your claims. Discrimination could be indirect or direct. Most likely, discrimination effects an employee indirectly when an employer advocates for certain practices that favor non-disabled employees over disabled employees.

Examples of Disability Discrimination Include:

• Failing to promote an employee because of a disability: for example, if a non-disabled employee was not qualified for the job and was promoted over the disabled employee who was qualified, you may have a claim for disability discrimination.
• Withdrawing a job offer after learning that the employee has a disability
• Asking an employee whether they have a disability during an interview
• Discriminating against employees simply because their family has a disability
• Making derogatory verbal comments against the disabled employee
• Discriminating against an employee simply because their family has a disability
• Making derogatory verbal comments against the disabled employee
• Discriminating against employees based on their past disability: an employer cannot discriminate you for a disability you have suffered in the past
• Negative performance reviews due to the employee’s disability
• Not hiring an employee because of their disability
• Demoting an employee because of their disability: the employee must be able to show the correlation between their disability and the adverse action.
• Failing to accommodate an employee’s request for reasonable accommodations: an employer must accommodate an employee’s request for reasonable accommodations to continue their employment.

The instances mentioned above are not a complete set of examples. If you have suffered any of the mentioned examples, or any other instances that point to discrimination in Irvine, contact our Orange County qualified discrimination attorneys today. 

If your employer has failed to provide any reasonable accommodations after a timely request, it is very important that you contact our Orange County discrimination attorneys immediately. We will assist you in establishing your rights, and hold the employer liable.

Fortunately, there are several different protections on a federal level and on a state level that protect employees from any type of misconduct by their employers. If you have been in a situation where you have been discriminated against, our team of experienced discrimination attorneys are here to help you defend your rights.

We offer a free no risk consultation where we will review the merits of your claim, and determine the possible damages you could receive.