Our law firm represents those with disabilities who have been discriminated against in the workplace. Call us today for a free consultation if:
- You were discriminated against through hiring or firing
- Your employer failed to accommodate your disability in the workplace
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 at work. You may qualify for financial compensation in an ADA lawsuit.
Do I Qualify for a Disability Discrimination Lawsuit?
The ADA 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:
- 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
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.
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.
Illegal Discrimination Examples
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
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 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 accomodate 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 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 their employers who commit discrimination against them. We provide skillful representation during litigation and negotiations so their ADA-given rights get upheld.
We help disabled workers seek justice such as compensation and fair accommodations. Call us today for a free consultation if you or a loved one were discriminated against in the workplace. You may qualify for financial compensation.
