Under Disability Law, Knowledge Truly Is Power
California is typically seen as a leader in the country when it comes to protecting individual rights. We’ve led the way on many issues, and both the federal and state governments have crafted workplace discrimination laws based on our statutes. Still, it’s important for employees to understand how to safeguard their rights under disability laws in Beverly Hills.
That’s because you can’t expect anyone to do this for you. Far too many people have been discriminated against due to a disability — with those responsible never being held accountable. In most cases, this stems from people not knowing how the law protects them. This is why knowledge truly is power when it comes to disability laws in California.
If you feel your rights have been violated or just want to ensure they’re safeguarded, a little bit of information can go a long way.
Understanding the Laws Protecting the Disabled in California
The most important thing that a person can do to safeguard their rights under disability laws is to know the relevant laws. In California, there are both state and federal statutes that provide protections for disabled employees. While most people understand that there are federal protections, fewer realize that California has its own framework of disability laws.
Here are the statutes and regulations you should know about:
- Americans with Disabilities Act: This federal law provides protections for disabled individuals in the employment sector and other areas of public life. It defines disabilities under the law, bans discrimination based on these disabilities, and specifies punishments for violations.
- California Fair Employment and Housing Act: This law is extremely similar to the Americans with Disabilities Act and provides many of the same protections on a state level.
- California Family Rights Act (CFRA): This state law provides eligible employees with protected unpaid leave to deal with certain family and medical issues. Such issues can include health conditions that result in disability.
- California’s Accessibility Laws: Our state also has various laws — such as the Unruh Civil Rights Act and California Building Code — that mandate accessibility standards. Make sure your employer is meeting these standards.
- California’s Assistive Technology Laws: California also incentivizes the use of assistive technology. While your employer isn’t typically mandated to take advantage of the programs, doing so may be required to meet reasonable accommodations.
- California Disability Insurance: Eligible workers with short-term disabilities may be able to access benefits to help them maintain financial security while unable to work.
Clearly, there are an abundance of options that allow Beverly Hills employees to safeguard their rights under disability laws. However, the mere existence of these laws does not necessarily mean a person will be treated fairly. Protecting your rights is not a spectator sport. In many cases, fair treatment means taking proactive steps to safeguard your rights.
Steps for Safeguarding Your Rights
Do you feel as if you’ve faced discrimination in the workplace over your disability? Are you unsure of how to move forward? You’re not alone. Many people are unaware of how to safeguard their rights — particularly if they don’t know about these rights or have never been in a position where they’re violated. Fortunately, you do have the power to fight back.
1. Understand Your Rights
For employees in Beverly Hills to safeguard their rights under disability laws, they must first understand these rights. At a bare minimum, make sure you’re well-informed about the Americans with Disabilities Act.
The ADA certainly offers the most broad protections, but it never hurts to familiarize yourself with other relevant laws as well. Make sure you understand what qualifies as a disability, the definition of reasonable accommodations, and what protections exist against discrimination.
2. Document Everything
If you’re a disabled individual, you should keep records of any communications, medical documentation, accommodations requests, and instances of discrimination or retaliation in the workplace. If it becomes necessary to file a complaint or lawsuit, you’ll need all this information to show that you were wrongfully treated.
3. Request Reasonable Accommodations
For a Beverly Hills employee to truly safeguard their disability rights, they need to make sure they’re taking advantage of them. For instance, you should never hesitate to request reasonable accommodation from your employer if you need it to perform your job.
Under the ADA, it’s not necessary that you’re completely unable to perform a task without some type of assistance. Rather, accommodations must be provided if your job is unnecessarily difficult without such accommodations.
4. Follow Your Employer’s Procedures
Many employers have specific procedures that must be followed when requesting accommodations or reporting discrimination issues.
Make sure that you understand these procedures and follow them as required. You don’t want to leave your employer with any excuse as to why they didn’t take legally-mandated action.
5. Seek Legal Advice
Even if a person fully understands their rights, it’s unlikely that they’re completely informed about the legal processes available to them. If you feel you’ve been discriminated against or faced other unfair employment actions, do not hesitate to contact a disability discrimination attorney in Beverly Hills. They can help you understand and exercise all your rights.
When to Seek Legal Assistance
Some people who face discrimination in the workplace are unsure how to react. In many cases, this is because they don’t know when to seek legal assistance. After all, when do an employer’s or co-worker’s actions reach a level where legal action is appropriate? The answer to this question can vary based on a variety of factors.
In some cases, it’s clear when an individual should speak with an attorney. Perhaps they faced wrongful termination, were refused disability benefits, or had reasonable accommodation requests denied. Unfortunately, improper actions may not always be this blatant.
Put simply, you should reach out to a legal professional whenever you feel like you’re facing discrimination.
At Odell Law, PLC, our dedicated legal team is here to help Beverly Hills employees safeguard their rights under disability laws. Contact us at 949-833-7105 to schedule your free consultation.