Los Angeles Disability Discrimination Attorneys

Los Angeles Disability Discrimination Attorneys: Protecting Your Rights

Disability discrimination in the workplace is not only unethical, but it’s also illegal under California law. Employers in Los Angeles are prohibited from discriminating against employees or job applicants simply because they have a disability. If you believe you have faced workplace discrimination due to a disability, you have the right to seek legal action and potentially secure compensation for the unjust treatment. In this article, we will explore your rights, the laws that protect you, and how Los Angeles disability discrimination attorneys can help.

What Constitutes Disability Discrimination in Los Angeles?

Disability discrimination occurs when an employer treats an employee unfavorably because of a physical or mental disability. This can happen during hiring, firing, promotions, job assignments, or any other aspect of employment. It’s important to note that employees with disabilities are protected under several state and federal laws, including the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). These laws ensure that individuals with disabilities are treated fairly and receive reasonable accommodations in the workplace.

Q: What is a reasonable accommodation?

A: Reasonable accommodation refers to any modification or adjustment to the work environment that allows a person with a disability to perform their job duties effectively. Examples include modifying work schedules, adjusting equipment, or providing accessible facilities.

California Laws that Protect Disabled Employees

In California, the Fair Employment and Housing Act (FEHA) is the primary state law that prohibits employment discrimination based on disability. This law provides stronger protections than federal laws and applies to businesses with five or more employees. Under FEHA, employers are required to provide reasonable accommodations to employees with disabilities, as long as it does not impose an undue hardship on the business.

Another important law is the California Family Rights Act (CFRA), which allows employees to take unpaid leave to care for a serious health condition or a family member’s condition without fear of losing their job. These laws are in place to ensure that employees with disabilities are treated fairly and without prejudice in the workplace.

For more information on employee rights, visit ABC7’s article on employment law updates.

How Can Los Angeles Disability Discrimination Attorneys Help?

If you believe you’ve been discriminated against due to your disability, it’s essential to consult with an experienced disability discrimination attorney in Los Angeles. These legal professionals can help you understand your rights, guide you through the legal process, and fight for the compensation you deserve. Compensation in these cases may include lost wages, emotional distress, and even punitive damages depending on the severity of the discrimination.

Q: How do I know if I have a valid disability discrimination claim?

A: If your employer has refused to provide reasonable accommodations, treated you unfairly based on your disability, or retaliated against you for asserting your rights, you may have a valid claim. Consulting with an attorney is the best way to evaluate the strength of your case.

The Importance of Legal Representation

Navigating a disability discrimination case can be complex, but a skilled attorney will be able to handle the legal challenges and work on your behalf. Attorneys specializing in disability discrimination are familiar with both state and federal laws, and they can help you gather the necessary evidence to support your claim.

Los Angeles has seen a rise in disability-related discrimination cases in recent years, making it crucial to seek legal help if you’re facing this issue. According to a report by NBC Los Angeles, workplace discrimination lawsuits have become increasingly common, highlighting the need for employees to be aware of their rights.

What Are Your Next Steps?

If you’re facing disability discrimination, don’t hesitate to take action. Start by documenting every instance of discrimination, such as offensive remarks, refusal to accommodate, or demotion. This information will be vital when you consult with an attorney.

Disability discrimination is an increasingly serious issue in Los Angeles, California. Whether you’re facing bias in the workplace or being denied reasonable accommodations, the challenges of navigating the legal system can be overwhelming. If you believe you’ve been discriminated against due to a disability, our experienced employment law attorneys are here to provide the support and guidance you need to protect your rights.

What is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee unfairly due to their physical or mental condition. In California, state and federal laws protect employees from this type of treatment. The California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) ensure that individuals with disabilities are entitled to equal treatment in the workplace. If you suspect that you’ve been discriminated against, it’s important to consult with a Los Angeles Discrimination Attorney who can help assess your case.

Are You Part of a Protected Class?

If you are part of a protected class recognized by California as having a disability, you may have the right to file a claim against your employer. Disabilities protected under California law can include both physical impairments (like mobility issues, chronic illnesses, or visual impairments) and mental health conditions (such as anxiety, depression, or PTSD). It’s crucial that employees understand their rights and recognize when an employer has violated those rights.

According to recent statistics, workplace discrimination claims based on disability have been on the rise in Los Angeles and across California. You can read more about local incidents involving disability discrimination and other workplace issues on trusted sources like ABC7 and Fox11.

Your Rights as an Employee

Every employee has the legal right to fair and equal treatment at work. This includes the right to reasonable accommodations, such as modified work environments or flexible schedules. Employers cannot make decisions about hiring, firing, promotions, or other job-related matters based on an employee’s disability status. If an employer refuses to provide reasonable accommodations or uses discriminatory motives to make hiring decisions, this may be grounds for a legal claim.

How Can a Los Angeles Discrimination Attorney Help?

Filing a disability discrimination claim can be complex, especially when dealing with large corporations or employers who may try to deny responsibility. A qualified Los Angeles Discrimination Attorney can help you understand your rights and the legal process. They will guide you through every step of your case, from gathering evidence to representing you in court if necessary.

Frequently Asked Questions (FAQs)

Q: What qualifies as a reasonable accommodation?
A: A reasonable accommodation is any adjustment or change to the work environment that allows an employee with a disability to perform their job. This could include modifications to work schedules, physical changes to the workspace, or providing assistive technologies.

Q: How do I know if I have a valid disability discrimination claim?
A: If you believe your employer treated you unfairly due to a disability or refused to provide reasonable accommodations, you may have a valid claim. Consult an employment law attorney for a detailed evaluation of your situation.

Disabilities Recognized in California

According to the Americans with Disabilities Act, there is no specific list that outlines different medical conditions that could render a disability. Examples of medical conditions that could be considered a disability include:

• Blindness
• Diabetes
• Cancer
• Epilepsy
• Intellectual disabilities
• Partial or completely missing limbs
• Mobility impairments requiring the use of a wheelchair
• Autism
• Cerebral palsy
• HIV infection
• Multiple sclerosis
• Muscular dystrophy
• Major depressive disorder
• Bipolar disorder
• Post-traumatic stress disorder
• Obsessive-compulsive disorder
• Schizophrenia

The Americans with Disabilities Act has declared that disabilities and impairments do not include:

• Homosexuality and bisexuality
• Compulsive gambling
• Kleptomania
• Pyromania
• Transvestism
• Transexualism
• Exhibitionism
• Pedophilia
• Voyeurism
• Gender identity disorders not resulting from physical impairments
• Sexual behavior disorders
• Physical characteristics (eye color, hair color, left-handedness, etc.)
• Common personality traits
• Psychoactive substance use disorders resulting from current illegal use of drugs

Disability Discrimination Laws

There are several different types of laws that address disability discrimination. These include:

• The Americans with Disabilities Act
• The California Fair Employment and Housing Act
• Rehabilitation Act
• Unruh Civil Rights Act
• Disabled persons act

All these acts mentioned above specifically prohibit any type of disability discrimination at the work place. If an employer discriminates against you because of your disability, or your potential disability, you have the right to file a claim against them for compensation. It is important that you get help from an experienced top-rated disability discrimination attorney.

Examples of Disability Discrimination in Los Angeles

Common examples of disability discrimination at work in Los Angeles are:

• Failing to hire an employee because they are disabled
• Failing to consider reasonable accommodations for the disabled employee
• Retaliating against a disabled employee
• Firing an employee after an injury renders them disabled
• Firing an employee for taking a disability related leave
• Treating the disabled employee less favorably compared to other employees who hold the same positions

Why hire our disability attorneys?

• Our attorneys work on a contingency fee basis, which means that you do not have to pay for our attorneys upfront until we win a compensation or settlement in your favor.
• Our attorneys provide free no risk confidential consultations where we will discuss the merits of your claim, and determine how you could potentially receive compensation for your injuries.
• Our attorneys have decades of discrimination experience litigating claims for victims who have been discriminated against
• Our employment law attorneys are available 24/7 via phone, email, or in person
• Our attorneys have strong relationships with top rated employment experts
• Our attorneys will take care of the entire legal process for you and communicate with the at-fault party while you get a piece of mind

Could I receive worker’s compensation and Social Security disability insurance benefits?

Unfortunately, in certain workplace situations, an employee may get involved in an accident that renders them disabled. If you have been disabled from suffering an injury on the job, you could be able to get workers compensation and Social Security disability insurance benefits at the same time.  Both types of compensation have different purposes. For example, Social Security disability insurance is to provide you with financial relief. The workers compensation payments are meant to compensate the plaintiff simply because they have suffered an injury on the job. It is possible to receive both types of payments, but to determine if you specifically are eligible, contact our attorneys today for a free case review.

What type of compensation could I receive for my disability discrimination claim?

The damages you could receive depend on the circumstances of your disability discrimination claim. Examples of the different types of damages you could receive include:

• Lost income
• Emotional distress
• Reinstatement with improved conditions
• Punitive damages

It is important that you hire an experienced disability discrimination attorney that knows how to navigate through the legal process when filing a disability discrimination claim.

When can I request a reasonable accommodation?

You can request reasonable accommodations if you are a disabled employee and you have an impairment to your essential functions at work. Examples of essential functions include the expertise and skill that is required to perform these job functions. If you have any type of impairment, you do have the right to ask your employer for reasonable accommodations.

What type of employers are required to provide reasonable accommodations?

Under the Americans with Disabilities Act employers who have more than 15 or more employees must provide reasonable accommodations to disabled employees. There are other requirements for other smaller businesses. To determine if your employer false Ander these requirements, contact our top-rated disability discrimination attorneys.

What is a reasonable accommodation for disabled employees in the workplace?

Employees who have a disability could request reasonable accommodations from their employers. Accommodations could be requested through any of the employment processes, including the hiring process or while the employee starts working. Usually, examples of reasonable accommodations and employer must provide include:

• Changing job tasks to a less stressful environment
• Providing disability parking
• Allowing reduced hours
• Adjusting the employee’s computer
• Improving accessibility to the restrooms and break rooms
• Allowing service animals
• Reassigning an employee to a different position for their request

According to the Equal Employment Opportunity Commission (EEOC), reasonable accommodations depend on the circumstances of the employment, along with the disability the employee has. Therefore, there is no specific clear cut reasonable accommodation all employers must provide. Both the employer and the employee must come to some sort of agreement to create an effective solution for disability accessibility.