Helping Disabled Employees Take Legal Action
If you have a physical or mental disability and your employer treats you differently than others as a result, you may be dealing with workplace discrimination. As an employee in a protected class, you should never have to endure unfair treatment at your job. Our Orange County discrimination lawyers are eager to review your case and determine your next steps.
Your employer is expected to follow federal and state laws regarding fair treatment of disabled workers. If you believe their conduct is unjust and illegal, contact Odell Law, PLC for a free consultation at our Orange County law firm.
What Is Disability Discrimination?
Both federal and California law attest that employers cannot discriminate based on a disability. More specifically, the Equal Employment Opportunity Commission states employers cannot discriminate against employees in protected classes. This means employers can’t discriminate based on age, religion, race, or other protected characteristics.
Thanks to the Americans with Disabilities Act of 1990, disability was added to the list of protected characteristics. As a result, employers cannot make employment decisions based on a person’s mental or physical disability. As long as the disabled worker is qualified to do the job with reasonable accommodations, the employer can’t take adverse employment actions against them.
Adverse actions at work can include:
- Refusing to hire a qualified applicant because they’re disabled
- Giving a disabled employee undeserved negative performance reviews
- Denying a disabled employee bonuses and promotions
- Wrongfully terminating an employee based on their disability
- Retaliating against a person who complains about employment discrimination
- Creating a hostile work environment through harassment and unfair treatment
- Refusing to provide reasonable accommodations for an employee’s disability
If your employer has exhibited these behaviors, they may be in violation of state and federal law. You should contact Orange County disability discrimination attorneys to discuss your legal options as a disabled worker.
Who Is Protected By Disability Laws?
California law regarding discrimination applies to most physical and mental disabilities that make it hard for you to perform normal tasks. This is the case whether you were born with a disability, acquired it recently, or will only be impaired by it for up to six months.
Examples of physical disabilities include deafness, missing limbs, epilepsy, diabetes, heart disease, mobility issues, and cancer, whether or not it’s in remission. As long as your disability affects a major bodily system and limits your daily activities, your employer cannot discriminate against you.
Similarly, if you have a mental disability that limits your ability to perform major life activities without reasonable accommodations, your employer can’t discriminate against you due to this. Some examples of mental disabilities include clinical depression, autism, schizophrenia, and most learning disabilities.
If you’re qualified for a job but need one or more reasonable accommodations, you should get the chance to prove you can do it. If you believe a company did not hire you based on your disability, or if your employer treats you worse than the employees who do not have disabilities, you should talk to an employment discrimination lawyer serving Orange County, CA.
What Are Reasonable Accommodations?
When you have a disability, certain job duties are likely difficult or impossible to perform without modification. This is known as a reasonable accommodation, and the law requires employers to offer this so you can perform your essential job functions.
Reasonable accommodations can vary depending on how your disability limits you and what your position is. In general, employers are expected to make the accommodations that you suggest, as long as they wouldn’t create undue hardship for the employer. If you can’t perform the job duties even with a reasonable accommodation, the employer does not have to hire you, but they’re required to tell you about any other open positions that would suit your abilities.
These are some examples of reasonable accommodations that disabled employees might request in the workplace:
- Making the work environment more accessible, such as by setting up a wheelchair-accessible desk and providing an accessible parking spot for employees with limited mobility
- Modifying electronic devices so employees who are blind, deaf, or missing limbs can use them
- Allowing employees to work from home when possible
- Adjusting an employee’s work schedule so they can work during times when they’re less likely to experience pain, fatigue, and other symptoms
- Moving their desk to an area that doesn’t cause their health condition to flare up due to bright lights, loud noises, or frequent distractions
- Offering paid or unpaid leave for doctor appointments, recovery from surgery, and other medical needs
- Allowing time off under the Family Medical Leave Act
If your employer refuses to provide reasonable accommodations, you may be facing workplace discrimination. You should not have to accept disability discrimination at work. Instead, get legal representation from a compassionate Orange County lawyer knowledgeable about employment law. Contact our Orange County, California law office if you’re tired of facing discrimination due to your disability.
Should You Call Disability Discrimination Lawyers in Orange County?
You deserve to work at a job where you’re appreciated and respected, not harassed and discriminated against for your disability. If your employer is unwilling to provide a reasonable accommodation so you can perform the essential functions of the job, contact a disability discrimination lawyer in Orange County, California. Such discrimination is unfair and illegal, and you don’t have to put up with it.
When you come to us for guidance with your disability discrimination case, you’ll meet with a caring lawyer who understands how California employment law protects employees with disabilities. If you want to learn if your situation would qualify you to file a lawsuit against an employer who refuses to hire you for the job or provide reasonable accommodations, contact us for legal representation. We’re ready to help you fight back against your employer’s unfair, illegal actions, so call 949-771-8173 to start your case.