Our law firm represents those with disabilities who have been discriminated against. Call us today for a free consultation if any of the following applies to you:
- You were discriminated against in public malls, shopping malls, public bathrooms, buses, trains, airplanes, etc.
- You were discriminated against through hiring or firing
- Your employer failed to accommodate your disability in the workplace
Public spaces and transportation providers need to provide equal access to everybody, including those with disabilities. If you have been denied equal access to transportation or a public space due to your disability, our lawyers can help.
40 percent of adults with disabilities experience discrimination at work, in healthcare settings or when applying for benefits. It is illegal for your employer to discriminate against you under the Americans With Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA). If you have faced discrimination due to a physical or mental impairment, a disability discrimination lawyer at our law firm can help.
We have been representing those discriminated against due to a physical or mental disability since 1990 and have recovered over $750,000,000 for our clients. Our vast experience handling discrimination cases just like yours will allow us to recover the most compensation possible on your behalf.
Call our experienced disability discrimination attorneys today for a free consultation, text us from this page or fill out this page’s free case evaluation form if you or a loved one has been discriminated against due to a disability. You may qualify for financial compensation in an ADA lawsuit.
Do I Qualify for a Disability Discrimination Lawsuit?
The ADA mandates that the disabled be given equal access to public spaces and transportation.
The ADA also prohibits disability discrimination in the workplace. Employers are not allowed to refuse to hire people because of their disabilities. Employers are not allowed to fire people because of their disabilities. Employers must provide workers with reasonable accommodation for their disabilities.
You may be eligible for an ADA attorney at our firm to file a lawsuit on your behalf if:
- You were not given equal access to transportation or a public space due to your disability
- An employer refused to hire you because of your disability
- An employer fired you because of your disability
- An employer failed to provide reasonable accommodations for your disability
Transportation providers and public spaces must provide equal access to the disabled, and it is illegal under state and federal law for employers to treat workers differently due to their disabilities. Call an ADA lawyer at our law firm today for a free consultation if any of the above applies to you. If you were severely injured or disabled from a slip and fall at work, we also have lawyers who can help you.
Denied Equal Access to a Public Space? We Can Help
Everybody is entitled to being given equal access under the law to services, goods, privileges, facilities, accommodation or advantages in places which are open to the public. This includes the disabled.
People with disabilities often face challenges such as not being able to shop for clothes, see movies in theaters or eat at their favorite restaurants. The ADA seeks to make sure that all people, including the disabled, can access public spaces.
It is common for the disabled to visit businesses and find many areas of non-compliance with the ADA. Sometimes, so many disability access laws are violated that disabled people are discouraged from patronizing the business in the future, or cannot use the business facility at all. While these businesses are typically capable of curing these violations, they often choose not to since the majority of their customers aren’t disabled.
There are numerous ways that seemingly minor barriers can discourage or prevent the disabled from visiting or using business establishments. These challenges or barriers can make the disabled feel humiliated. They can make it too difficult for them to be able to or want to return to the business. These challenges include:
- Not being able to park safely without risking being struck by vehicles
- Not being able to get wheelchairs or scooters past broken, uneven pavement
- Not being able to move wheelchairs up ramps because of steep inclines
- Not being able to see handicap access signs
- Not being able to see credit card machines on counters
- Not being able to use toilets because of a lack of bars to grab
- Not being able to use sink controls since they are set too far back
- Not being able to use establishments because doors are out of reach
- Not being able to eat at restaurants due to a lack of knee room underneath tables
To able-bodied people, these could seem like minor or small issues. However, to disabled people, these represents giant barriers that can make shopping at stores, staying at hotels or eating at restaurants impossible.
Businesses are mandated to remove barriers like these. When business owners are able to cheaply and easily fix problems like these but choose not to, they may me discriminating against the disabled. There are many ways for business owners to accommodate the disabled, such as by offering alternate seating. Public facilities are legally obligated to remove barriers when doing so is “readily achievable,” meaning it can be done easily without excessive expense or difficulty.
Disabled people are protected by the law from being excluded from places in public due to fixable, minor barriers which cause them embarrassment, discomfort or difficulty. Business owners must fix these barriers when they can be fixed easily.
If you or a loved one has been denied access to a public space due to your disability, call us today for a free consultation. We can help you recover financial compensation for the discrimination you suffered.
Denied Equal Access to Transportation? We Can Help
The ADA makes sure that the disabled are not excluded from transportation. Limits regarding accessibility to transportation for the disabled cannot exist.
The transportation provisions in the ADA benefit the public. These transportation provisions make sure that everyone is provided reasonable accommodations by transportation services.
Title II of the ADA applies to transportation services, including:
- Public city buses
- Rail transit systems
- Subway systems
- Commuter rails
- Amtrak
Public transportation cannot discriminate against the disabled. Public transportation agencies must also follow additional ADA requirements, like:
- Properly repairing buses to make sure they are accessible
- Trying to purchase used buses which have disability access
- Providing the disabled access to new vehicles
Public transportation agencies are also required by the ADA to provide paratransit services, which are services which pick up and drop off those with mental or physical impairments who can’t use public transportation.
Paratransit services need to be comparable to the fixed bus systems of cities regarding availability and routes.
Title III of the ADA requires that private transportation providers, like taxis, private buses, hotel shuttles and airport shuttles, provide accessible vehicles to the disabled. These services are also required to provide facilities, like depots and bus stops, which are accessible.
Public Transit Vehicle Requirements
The United States Department of Transportation provides accessibility guidelines regarding public transit vehicles. These guidelines are based on ADA requirements.
Regulations regarding public transit vehicles and their accessibility to the disabled include requirements for:
- Large, strong handrails
- Platform barriers which prevent wheelchairs rolling off
- Lift equipment which loads wheelchairs
- Vehicle ramps/bridge plates
- Clear and proper pathways and doorways in subways
- Priority seating for the disabled
- Adequate lighting regarding doorways and ramps
Call us today for a free consultation if your disability was discriminated against in a public transit vehicle.
The ADA and Sidewalks
Many of the disabled use walking aids or wheelchairs. Crosswalks and sidewalks are subject to Department of Transportation regulations based on ADA requirements, including the need for:
- Ramps which lead into crosswalks
- Wide sidewalks
- Longer crossing times for the disabled
- Pedestrian control signals which are low enough for those in wheelchairs to access
- Driveway crossings which accommodate movements of the disabled
Call us today for a free consultation if your disability was discriminated against by a crosswalk or sidewalk.
Air Travel Discrimination
Air travel discrimination is not regulated by the ADA. However, it is regulated by the Air Carrier Access Act (ACAA). Under the ACAA, domestic and foreign passenger airline companies who provide flights to the public are forbidden from discriminating against those with physical or mental disabilities.
For example, airlines who provide flights to the public are required to provide wheelchair access. These airlines generally need to accommodate the disabled unless doing so creates a health or safety risk to others, or causes the airline undue hardship. Call us today for a free consultation if you or a loved one has been discriminated against by an airline due to your disability. We can help you recover compensation for the discrimination you suffered.
The Americans With Disabilities Act (ADA)
The ADA is a federal law which prohibits employers from discriminating against those who have disabilities. The law also requires employers to provide disabled employees with reasonable accommodations for their disabilities.
The ADA consists of five sections, known as titles. These titles set requirements for different types of organizations:
Title I
Title I of the ADA relates to employment discrimination. It applies to employers with at least 15 employees and includes labor unions, employment agencies and local/state governments.
Under Title I, employers need to provide the disabled with equal opportunities to benefit from employment-related opportunities which are available to others. These opportunities include social activities, pay, training, promotions, hiring and recruitment.
There are specific requirements under the ADA which make sure that employers give the disabled equal employment access. This applies to employees and job applicants.
Federal and state laws prohibit employment discrimination based on disability. If you have suffered employment discrimination, our Americans with disabilities lawyers can help you file a claim with the Equal Employment Opportunity Commission (EEOC) and help you seek financial compensation via a lawsuit. Call us today for a free consultation.
Title II
Subtitle A of Title II applies to all activities, programs and services of local and state governments. This includes:
- Town meetings
- Emergency services
- Voting
- Courts
- Social services
- Healthcare
- Recreation
- Transportation
- Public education
Local and state governments are subject to the ADA even when:
- They receive federal funding
- The local or state government is small
Local and state governments need to provide the disabled with equal opportunities to benefit from activities, services and programs.
Subtitle B of Title II relates to public transit systems. Public transit systems need to provide the disabled with equal opportunities to benefit from public transit services.
Title III
Title III relates to nonprofits and businesses who serve the public. These include:
- Hotels
- Restaurants
- Movie theatres
- Retail stores
- Hospitals and doctors’ offices
- Private schools and their housing
- Gyms
- Day care centers
- Organizations who offer examinations or courses
Title III also applies to privately operated transit, including:
- Taxis
- Airport shuttles
- Hotel shuttles
- Charter and intercity buses
Title III also requires that commercial facilities such as the following comply with accessible design standards:
- Factories
- Warehouses
- Office buildings
Title III mandates that businesses provide the disabled with equal opportunities to access the services or goods they offer.
Title IV
Title IV relates to telecommunication companies. Telecommunication companies need to provide services which let callers with speech and hearing disabilities communicate.
Title V
Title V includes additional requirements regarding how the law should be implemented. Examples include:
- Stating that the disabled are not required to accept accommodation or aid if they don’t want to
- Prohibiting retaliation against those who assert their ADA-given rights
- Directing federal agencies to provide guidance which explains the law
- Authorizing the awarding of attorneys’ fees by courts to winning parties in ADA lawsuits
Who Does the ADA Protect?
The ADA protects the disabled. A person has a disability if they:
- Have a mental or physical impairment which substantially limits at least one major life activity
- Has a record or history of an impairment which substantially limits at least one major life activity (like cancer in remission), or
- Are perceived by others as possessing such an impairment (like someone with severe burn scars)
The ADA protects anyone who falls into one of the above categories.
“Substantially limits” is a broadly-interpreted phrase which isn’t meant to be a standard which is demanding.
“Major life activities” include everyday activities such as:
- Walking, bending, lifting and standing
- Breathing, speaking, sleeping and eating
- Hearing and seeing
- Concentrating and thinking
- Communicating, learning, reading and working
- Major body functions like individual organs, reproduction and circulation
Examples of disabilities include:
- Traumatic brain injury
- Major depressive disorder
- Intellectual disabilities
- Mobility disabilities which may require the use of canes, walkers or wheelchairs
- Epilepsy
- Low vision or blindness
- Hearing loss or deafness
- Cerebral palsy
- Autism
- HIV
- Post-traumatic stress disorder
- Diabetes
- Cancer
Which Employers Are Subject to the ADA
Employment law forbids job discrimination against the disabled when practiced by:
- Local and state governments
- Private employers
- Labor organizations
- Employment agencies
- Labor-management committees
Job discrimination is enforced by the EEOC. The EEOC prohibits employment discrimination by all employers, including local and state government employers, with at least 15 employees.
The United States Department of Justice also prohibits discrimination in local and state government activities and programs, including discrimination by all local and state governments. This applies regardless of how many employees there are.
The Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act prohibits harassment, retaliation and discrimination at work. The law applies to labor organizations, employers, apprenticeship programs, employment agencies, and those who coerce, compel, incite, abet or aid discriminatory acts.
FEHA provides protections to employees in California regarding:
Discrimination
FEHA outlaws discrimination based upon:
- Race
- Ancestry
- National origin
- Color
- Religious creed
- Mental disability
- Physical disability
- Genetic information
- Medical condition
- Sex
- Marital status
- Gender identity
- Gender
- Age
- Gender expression
- Sexual orientation
- Veteran or military status
Harassment
FEHA outlaws harassment based upon any of the above categories. Sexual harassment is included – this can involve sexual favor requests, unwelcome sexual advances, or additional physical or verbal contact which is sexual in nature.
Retaliation
FEHA outlaws retaliation by employers against employees asserting their FEHA rights. This applies to employees who file complaints, oppose discrimination or participate in investigations.
Reasonable Accommodation
FEHA requires employers to reasonably accommodate disabled employees, as well as employees’ religious practices. This may include job restructuring, providing assistive devices or aids, or modifying work schedules.
Pregnancy Disability Leave
FEHA gives as much as four months of employment-protected leave for those disabled by childbirth, pregnancy or related medical conditions.
Examples of Illegal Discrimination in the Workplace
Discrimination under FEHA or the ADA may take several forms. It is generally illegal for employers to discriminated based on disability in terms of hiring or firing workers. In addition, it is illegal to consider disabilities in terms of job training, compensation and promotions. Additional discrimination types may include:
- Refusing to hire or interview job applicants
- Requiring physical or medical examinations which other works don’t need to have
- Disqualifying workers from job training programs
- Reducing pay or denying promotions
- Terminating employment contracts
- Creating hostile work environments
- Unfairly disciplining disabled employees
- Refusing to place employees in customer-facing or client-facing roles
- Harassment in the workplace
- Not providing reasonable accommodations for disabilities at work
Reasonable Accommodations for Disabilities in the Workplace
When the disabled require accommodations to do their jobs effectively, employers must provide these accommodations when it is not too expensive or difficult to do so. Disabled employees need to request these accommodations to receive them, and the accommodations can be denied if they would lead to undue hardship to the employer.
Examples of reasonable accommodations include:
- Hearing disability tools like hearing aids
- Flexible work schedules allowing employees to receive medical treatment
- Computer screen reading software
- Wheelchair ramps
- Allowing service animals
- Larger computer displays for those with vision impairment or excessive eye strain
- Telecommuting so the disabled can work from home
- Relocating desks to accessible areas
- Restructuring job duties so tasks like lifting heavy objects can be covered by other employees
- Schedule modifications
Evidence in a Workplace Disability Discrimination Lawsuit
Your employer is legally obligated to protect you against disability discrimination while you are at work. If they fail to uphold this responsibility, you have a right to seek legal action in order to protect yourself.
The first thing you should do if you suspect you are being discriminated against due to your disability at work is to hire disability lawyers to provide you with legal aid.
Your lawyer will serve as a legal advocate for you and handle every step of your case for you. Evidence gathering is an important step in building a strong discrimination claim.
You should document everything which might show that you were the victim of disability-based discrimination – this will end up being evidence that backs your claim up. This evidence may include:
- Voicemails, texts and emails from your boss or co-workers which might display discriminatory intent
- Verbal statements or memos which demonstrate that you were acted against due to your disability
- Contact information and names of co-workers who might show a willingness to testify on your behalf
Perhaps you were even injured on the job because of your employer’s failure to accommodate you. If that’s the case, you could have a worker’s compensation claim on your hands.
Fear of Retaliation
The primary reason the disabled don’t share their tales of discrimination is the fear of being retaliated against. It is completely unacceptable for an employer to punish or fire you for telling your supervisor or HR that you are experiencing discrimination.
Our law firm can take legal action in order to protect you against retaliation. Many employees worry about this. We do not want for you to feel as if you can’t pursue justice. You have a right to pursue justice and we will protect this right for you.
Contact a California ADA Disability Discrimination Lawyer Today
If you have been denied equal access to transportation or a public space due to a disability, our lawyers can help you file a lawsuit seeking compensation for the discrimination.
If you feel that you were treated unfavorably by an employer due to your perceived or real disability, you may seek relief under the law. Employment discrimination is enforced by the EEOC. Before you can pursue a job discrimination lawsuit against your employer, a complaint needs to be filed through the EEOC. The EEOC also needs to issue a Notice of Right to Sue.
Our law firm helps the disabled seek justice from those who commit discrimination against them. We provide skillful representation during litigation and negotiations so their ADA-given rights get upheld.
We help the disabled seek justice such as compensation and fair accommodations. Call us today for a free consultation if you or a loved one were discriminated against due to your disability. You may qualify for financial compensation.
