Disability Discrimination

California Disability Discrimination Lawyer

Representation for Victims of Disability Discrimination in California

In California, you are considered disabled if you have a physical or mental impairment that substantially limits major life activities. These activities are defined under the law to ensure comprehensive protection for individuals facing various challenges due to their disabilities. It's crucial for employees to understand the scope of these major life activities to effectively recognize when their rights may be infringed upon.

Major life activities include:

Breathing
Seeing
Walking
Socializing
Reading
Eating
Hearing
Speaking

To be considered a disabling condition, the disability must also be perceived as long-standing or permanent. The recognition of these conditions under the law emphasizes the commitment to inclusivity and equal opportunity for all individuals, regardless of physical or mental challenges.

There are many protections under state and federal law for disabled workers. However, disability discrimination can still occur in the workplace and to job applicants. Discrimination is often difficult to prove without the help of a disability discrimination lawyer in California with knowledge of these legal issues. An attorney can guide clients through the complex legal framework, providing clarity and support to ensure that their rights are upheld in court and within the workplace.

In recent years, California has strengthened its regulations under the Fair Employment and Housing Act (FEHA), providing even more robust protection for disabled employees. This act requires California employers to actively engage with employees in a good faith interactive process to identify and provide reasonable accommodations. Such proactive measures are vital in preventing discrimination and promoting an inclusive work environment. Understanding these provisions can help employees identify any gaps in their current work conditions that may violate their rights.

Which Employees Qualify as Disabled Under ADA?

If you have experienced disability discrimination at work, you don't have to handle it alone. Speak with Attorney Bill Marder of Polaris Law Group to discuss your experience with disability discrimination. You will only be charged for payment if there is a recovery.

Bill Marder has recovered millions of dollars for his clients. Call (888) 796-4010 or contact us online for a free consultation with an experienced California disability discrimination lawyer.

Supporting Your Rights to Reasonable Accommodation

The concept of reasonable accommodation is pivotal in workplace inclusivity, ensuring that employees with disabilities can perform their duties effectively without facing unnecessary barriers. Under California law, employers are required to consider a variety of accommodations that could assist the employee while maintaining operational efficiency. By engaging in an open dialogue with their employees, businesses can identify adjustments that help manage disabilities effectively.

In California, common reasonable accommodations include flexible work schedules, remote work options, and the installation of assistive technology. Employers are encouraged to think creatively and inclusively when devising accommodations and should always document these efforts, showcasing a commitment to maintaining diversity. It's also important for employees to understand their rights in this negotiation to ensure they are met with fairness and respect.

Employers also have a responsibility to provide disability accommodations, as long as they do not impose "undue hardship" on the business. This obligation not only facilitates inclusion but also promotes a diversified workplace where everyone has an equal chance to succeed. Accommodations can vary greatly depending on the industry's nature and specific job duties involved.

These can include:

Workplace facilities access for disabled individuals
Reassignment to a vacant position for which the disabled employee is qualified
Part-time or modified work schedules
Modified equipment to accommodate a disabled employee

Employees also have the right to take leave under the Family and Medical Leave Act (FMLA). Employers cannot legally deny reasonable requests for FMLA leave and doing so is a form of disability discrimination. Ensuring that workers can take necessary time off without fear of reprisal acknowledges the importance of health and family, aligning with broader workplace rights.

Disabled employees are also protected from retaliation for a request for reasonable workplace changes. This means if you are discharged for your request, you could have a claim for disability discrimination. Advocating for these changes can be vital in maintaining a person’s well-being and ability to contribute meaningfully to the workforce, highlighting the law's aim to foster truly supportive environments.

Disability Discrimination Attorneys Explain Navigating California's Laws

California stands out for its rigorous legal framework protecting employees from discrimination based on disability. The state's laws often provide broader protections than federal legislation, such as under the ADA. California's Fair Employment and Housing Act (FEHA) extends protections by prohibiting discrimination not just in hiring, but in all aspects of employment, including promotions, terminations, and working conditions.

The FEHA mandates that employers with five or more employees must adhere to its stipulations, making it one of the most comprehensive local laws in the nation. This extensive coverage reflects California's commitment to promoting equality and preventing discrimination in the workplace. Employees should be aware of these robust protections to actively stand against any discrimination they might face. It's essential to work with knowledgeable legal representation that understands the nuances of these laws to effectively document and address any grievances.

Why Choose Polaris Law Group for Disability Discrimination Claims

Choosing the right legal advocate is crucial when dealing with disability discrimination. The Polaris Law Group, led by Bill Marder, offers a dedicated focus on California employment law, specifically tailored to addressing discrimination and protecting employee rights. With over 25 years of dedicated service, Attorney Marder draws on a wealth of experience handling diverse employment issues, including complex claims that other firms might decline.

The firm champions a client-centered approach, distinguished by swift legal action following an initial consultation, minimizing the need for lengthy waiting periods and ensuring timely support. This efficiency in addressing legal issues solidifies their reputation as a firm truly dedicated to their clients’ needs. Moreover, Bill Marder's extensive knowledge of state and federal laws equips him to provide rigorous representation to those fighting for their rights against disability discrimination.

How Polaris Law Group Can Help with Disability Discrimination

If you have a rightful claim, you could be entitled to compensation for your:

Lost salary
Benefits
And pain and suffering

In some instances, you may be entitled to punitive damages. This form of compensation not only aids the individual harmed but also serves as a deterrent against future discriminatory practices by employers. It underlines the importance of accountability and encourages more compliant and compassionate corporate policies.

To win a claim, you must prove that you:

Have a disability
Are capable of performing the essential functions of a job with or without reasonable accommodation
Were unlawfully discriminated against because of your disability

It is important to have a qualified disability discrimination lawyer in California representing you. An attorney with experience in disability discrimination law can provide legal advice on any aspect of your claim, ensuring the preparation of a comprehensive strategy that addresses all facets of the situation to better face legal challenges head-on with confidence.

Our firm can:

Evaluate the facts
Negotiate your requests
And investigate the details to build a strong lawsuit

Your lawyer will be by your side to protect your rights. Having skilled legal representation means that you can navigate the complexities of employment law effectively, ensuring your story is heard and your rights are vigorously defended.

Our Approach to Disability Discrimination Cases

At Polaris Law Group, we understand that facing disability discrimination can be a distressing experience. Our attorneys are committed to advocating for the rights of individuals who have been subjected to unfair treatment due to their disability. This commitment is rooted in a profound understanding of how discrimination impacts both professional opportunities and personal dignity, fueling our dedication to making meaningful legal interventions.

When you choose Polaris Law Group to handle your disability discrimination case, you can expect:

Personalized Legal Representation: We take the time to listen to your story, understand the unique challenges you have faced, and tailor our approach to your specific needs.
Extensive Knowledge & Experience: Our attorneys have a deep understanding of disability discrimination laws and regulations at both the state and federal levels. We stay up-to-date on the latest legal developments to ensure the strongest possible representation for our clients.
Thorough Investigation: We conduct a comprehensive investigation to gather evidence and build a strong case on your behalf. This includes interviewing witnesses, reviewing relevant documents, and consulting with experts when necessary.
Negotiation & Settlement Expertise: We are skilled negotiators who will work tirelessly to secure a fair settlement that reflects the harm you have suffered. If a settlement cannot be reached, we are fully prepared to take your situation to trial and fight for your rights in court.
Clear & Open Communication: We believe in keeping our clients informed and involved throughout the entire legal process. We will provide regular updates on the progress of your situation, answer any questions you may have, and ensure that you feel supported every step of the way.

Don't let disability discrimination go unchallenged. Contact Polaris Law Group today to schedule a consultation and learn how we can help you seek justice and hold those responsible accountable for their actions. Engaging with us means not navigating this challenging journey alone, but instead, having steadfast advocates in your corner.

Commonly Asked Questions About Disability Discrimination

What are examples of disability discrimination in the workplace?

Examples of disability discrimination in the workplace include refusing to provide reasonable accommodations, denying promotions or job opportunities based on disability, and subjecting employees to a hostile work environment due to their disability. Such actions can significantly impact an employee's career prospects and mental health. Awareness and understanding of these forms of discrimination are crucial in fostering an inclusive workplace culture.

What laws protect individuals from disability discrimination?

In the United States, individuals with disabilities are protected by the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. These laws prohibit discrimination based on disability in various settings, including employment. The ADA applies to employers with 15 or more employees, while the Rehabilitation Act applies to federal agencies and entities receiving federal funding. In California, the FEHA extends beyond these federal protections, covering employers with five or more employees and offering a broader scope of disability discrimination protection.

How can I prove disability discrimination in the workplace?

To prove disability discrimination in the workplace, gather evidence like discriminatory remarks, denial of reasonable accommodations, or evidence showing disparate treatment compared to non-disabled employees. Documentation is key—record dates, times, involved parties, and any communication related to the discriminatory actions. It's also advised to report the incident to HR or management, as internal reports can serve as supporting evidence. Consulting a legal professional can help navigate these steps strategically, ensuring your rights are protected while building a robust claim.

What is a reasonable accommodation under California law?

A reasonable accommodation means any change to the work environment or the way things are customarily done that allows an individual with a disability to perform their job duties effectively. California law, particularly under FEHA, mandates employers to provide accommodations unless it results in undue hardship to their operations. Examples include modifying workspace access, adjusting work schedules, or implementing telecommuting options. It's essential for employees and employers to engage in an interactive process to identify suitable accommodations, encourage dialogue, and address any potential issues proactively.

What should I do if I experience disability discrimination at work?

If you experience disability discrimination, start by documenting all incidents. Voice your concerns to the HR department, ensuring that your employer has a chance to address the problem. Keep a record of all interactions regarding the issue. Legal consultation is crucial to understanding your rights and options; reaching out to a disability discrimination attorney in California, like those at Polaris Law Group, can aid in strategizing your next steps, whether it's a formal complaint or pursuing further legal actions. Early intervention can often prevent escalation, opening pathways to peaceful resolutions where possible.

Need more information about your rights as a disabled individual and to file a disability claim? Contact Polaris Law Group at (888) 796-4010 to speak with an experienced California disability discrimination attorney.