Disability Discrimination in California

Under California and federal law, an employer is prohibited from discriminating against an employee because of a physical or mental disability as long as the employee can still perform his or her job. In addition, an employer is required to make reasonable accommodations to allow disabled people to perform the essential duties of their work. If you think you have been the victim of unlawful disability discrimination, or have been denied accommodation at the workplace because of a disability, contact the Law Offices of Arias, Ozzello, & Gignac. Our experienced California disability discrimination attorneys can protect your rights and help you recover the compensation that you deserve.

What is a Disability?

Both federal and California law protect qualified employees with disabilities. The FEHA prohibits discrimination of the basis of both physical and mental disabilities:

• Physical disabilities include, but are not limited to, any physiological conditions that limit an individual’s ability to participate in major life activities. Examples include chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorders, multiple sclerosis, heart disease, back injuries, high blood pressure and many others. In addition, an employee who is merely perceived by the employer has having a disability and is discriminated against may file a disability discrimination claim.
• Mental disabilities include any mental or psychological disorder. Examples include mental retardation, organic brain syndrome, emotional or mental illness, clinical depression, bipolar disorder, post-traumatic stress disorder, and specific learning disabilities that limit a major life activity.

Disability Discrimination Laws

The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect people with disabilities from workplace discrimination. Under these laws, it is illegal for an employer to discriminate against a qualified individual with a disability in any aspect of employment, such as:

• job application procedures
• hiring
• advancement
• benefits
• leave
• hours and location of work
• wages
• advancement or promotion
• discipline
• discharge
• any other term, condition, or privilege of employment

Reasonable Accommodation

A disabled employee has the right to ask the employer to make reasonable accommodations to allow the employee to perform his or her job. The employer is required to provide reasonable accommodations unless doing so would cause the employer an undue hardship. Once the employee asks for reasonable accommodations, the employer must consider the request and may make counter-offers that the employer considers more reasonable. There are many examples of reasonable accommodations. Some of the following are a few of the most common:

• modifying the employee’s job duties
• providing the employee extra help (such as having another employee carry heavy items for a worker with a back injury)
• adjusting work schedules to accommodate physical therapy or medical appointments
• installing ramps or widening doors to make them wheel chair accessible
• purchasing new equipment such as special chairs or other ergonomic equipment

California Disability Discrimination Lawyers

Disability discrimination at the workplace is illegal. As a disabled employee, you have certain rights that the Los Angeles disability discrimination lawyers from Arias, Ozzello, & Gignac can help defend and protect. If you have been discriminated against by your employer because of your disability, or have been denied a reasonable accommodation that would help you do your job, contact the experienced California disability discrimination attorneys at Arias, Ozzello, & Gignac as soon as possible. Contact us today for a free case evaluation.