When Should You Contact A Disability Discrimination Lawyer?
Under the Americans with Disabilities Act (ADA), individuals who have a disability, have a history of a disability or are perceived by others as having a disability qualify for protection from discrimination at their place of work.
When an employee indicates they have a disability and need accommodation, the state mandates an interactive process. The California Fair Employment and Housing Act (FEHA), requires employers to engage in an “interactive process” with employees who tell them about their having disabilities. This involves the employer working with the employee to determine a suitable accommodation.
California’s employers must comply with state and federal regulations. Some do not follow the rules because they do not understand their obligations. Others find it too costly to comply.
What Does Disability Discrimination Look Like?
Talk to a disability discrimination attorney if any of these apply to you:
- Employment or promotion denial: You did not get a job or a promotion because of your disability, despite having the necessary qualifications.
- Denial of reasonable accommodations: Reasonable accommodations may include modified or flexible work schedules, accessible facilities or providing special equipment.
- Harassment or hostile work environment: This can include derogatory comments, exclusion from meetings or work activities, or any behavior that creates an intimidating atmosphere.
- Retaliation: If you face retaliation, such as a demotion, job termination, or unfavorable treatment, after requesting accommodations or filing a complaint about discrimination, let our lawyers help you understand your rights.
- Changes in job responsibilities: If your job responsibilities suddenly change in a way that makes it hard for you to complete your tasks due to your disability, this might be a form of discrimination.
Are you facing discrimination due to your disability? Put our experience and knowledge to work. Consult with our disability discrimination lawyers at McMurray Henriks, LLP. We will gather the necessary evidence and navigate the legal process to seek justice and remedies for you.
Understanding The Americans With Disabilities Act (ADA)
The ADA became a federal law in 1990. It is a wide-ranging civil rights law designed to prevent discrimination against people with disabilities. The ADA applies to more than employment. It also applies to education, transportation and other publicly accessible places. The goal of the ADA is to ensure that individuals with disabilities have equal rights and opportunities.
California law provides even broader protections through state-specific regulations like the Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA). FEHA covers smaller employers – with five or more employees – compared to the ADA’s threshold of 15 employees. FEHA’s definition of disability is more expansive. For example, protection extends to individuals with conditions that limit a major life activity, rather than those that substantially limit one.
What does all this mean? At McMurray Henriks, LLP, we know it can be confusing. We will take the time to find out the facts of your situation. We will take the time to help you understand your rights. We will be at your side every step of the way.
Who Is Covered? Is My Disability Protected Under The ADA?
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This includes a wide range of conditions, such as:
- Mobility impairments: Paralysis, cerebral palsy, muscular dystrophy and amputation. People using wheelchairs, walkers or other mobility aids have mobility impairments.
- Sensory disabilities: Blindness, low vision, deafness, hard of hearing and speech impairments, muteness or stuttering.
- Mental health disorders: Depression, anxiety disorders, bipolar disorder, schizophrenia and post-traumatic stress disorder (PTSD).
- Chronic illnesses: Diabetes, epilepsy, multiple sclerosis, HIV/AIDS, cancer, and chronic fatigue syndrome and others.
State and federal laws aim to provide a fair and inclusive environment for everyone. In a perfect world, there is no discrimination. But it is no secret that we are far from a perfect world.
What Kind Of Compensation Is Available For Disability Discrimination In California?
In California, individuals who face disability discrimination in the workplace can seek various forms of compensation and remedies. These may include:
- Back pay: Compensation for lost wages and benefits from the time of the discriminatory act to the resolution of the complaint
- Front pay: Compensation for future lost earnings if reinstatement is not feasible
- Compensatory damages: For emotional distress, pain and suffering caused by the discrimination
- Punitive damages: In cases where the employer’s conduct was intentionally harmful, to punish and deter future misconduct
- Reasonable accommodation: Ensuring the employer provides necessary accommodations for the employee’s disability
- Reinstatement: Returning the employee to their former position if they were wrongfully terminated or demoted
- Attorney’s fees and costs: Reimbursement for legal expenses incurred in pursuing the claim
Claims can be filed with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). Are you facing discrimination at work? Contact us.
Schedule Your Free Consultation With Our Disability Discrimination Attorneys Today
At McMurray Henriks, LLP, we get it. Individuals with disabilities are vulnerable to discrimination. Our lawyers will fight to defend your rights to be free of discrimination. We will help you navigate the process and maximize the potential for a favorable outcome. Send us an email or call our office in Los Angeles at 323-931-6200 to discuss your circumstances.