Sacramento Disability Discrimination Attorney
Protecting Employees with Disabilities in Sacramento
At Polaris Law Group, we understand the challenges individuals with disabilities face, particularly in the workplace. Disability discrimination occurs when an employer treats an individual unfavorably because of a disability or perceived disability. Our experienced team of Sacramento disability discrimination lawyers is dedicated to helping individuals fight for their rights and ensuring they are treated fairly under the law.
Get started with your initial case review. Call our firm at (888) 796-4010 today!
What is Disability Discrimination?
Disability discrimination occurs when an individual is treated differently or unfairly due to a physical or mental impairment that substantially limits one or more major life activities. Under both state and federal laws, employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the business.
Disability discrimination can manifest in various ways, including hiring practices, job assignments, promotions, pay disparities, and wrongful termination. Whether the discrimination is overt or subtle, it is unlawful and can have severe impacts on an individual's professional and personal life.
Common Examples of Disability Discrimination
Disability discrimination can take many forms in the workplace. Some of the most common examples include:
- Refusal to Provide Reasonable Accommodations: Employers are required to provide reasonable accommodations that allow employees with disabilities to perform their job duties effectively. This could include modifying work schedules, providing assistive technology, or adjusting job duties. A refusal to provide such accommodations without a valid reason is a form of discrimination.
- Discriminatory Hiring Practices: Some employers may refuse to hire qualified individuals solely based on their disability. This type of discrimination is unlawful, as employers must evaluate candidates based on their qualifications and ability to perform essential job functions with or without reasonable accommodations.
- Harassment Based on Disability: Workplace harassment targeting an individual due to their disability is also a form of discrimination. This could include derogatory remarks, bullying, or creating a hostile work environment. Such behavior is illegal under both federal and state laws.
- Wrongful Termination: Firing or laying off an employee because of their disability, or because they requested accommodations, is unlawful. Employers cannot terminate an employee based on assumptions about their abilities or because accommodating the disability would be inconvenient.
- Unequal Pay and Benefits: Employees with disabilities may find themselves earning less or receiving fewer benefits compared to their non-disabled coworkers performing similar roles. Disparities in pay or benefits due to disability are also considered discriminatory practices.
State & Federal Disability Discrimination Protections
Both state and federal laws offer robust protections for individuals with disabilities to ensure fair treatment in the workplace.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is the most well-known federal law protecting employees with disabilities. Under the ADA, employers with 15 or more employees must provide equal opportunities and reasonable accommodations to qualified individuals with disabilities. The ADA covers all aspects of employment, including hiring, job training, promotions, pay, and terminations.
California Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) provides even broader protections for employees with disabilities in California. FEHA applies to employers with five or more employees and offers protections similar to the ADA but with additional safeguards. FEHA requires employers to engage in an interactive process with employees to determine reasonable accommodations and prohibits discrimination based on both physical and mental disabilities.
Rehabilitation Act of 1973
The Rehabilitation Act applies to federal government agencies, contractors, and programs receiving federal funding. Section 504 of the act prohibits disability discrimination in programs or activities that receive federal financial assistance, while Section 501 prohibits discrimination in federal employment.
California Family Rights Act (CFRA)
The California Family Rights Act allows employees to take unpaid leave for a serious health condition, including disabilities, without fear of losing their job. Employees can take up to 12 weeks of job-protected leave under the CFRA. Retaliation or termination for taking this leave can constitute disability discrimination.
How Polaris Law Group Can Help
At Polaris Law Group, we have a deep understanding of both state and federal disability discrimination laws. Our Sacramento disability discrimination lawyers are committed to providing personalized legal services tailored to each client’s unique situation.
We work diligently to:
- Investigate and gather evidence for your case.
- Negotiate with your employer or their legal team to seek a fair resolution.
- Represent you in court if necessary to ensure your rights are upheld.
Our team is dedicated to achieving justice for our clients and will stand by your side through every step of the legal process.
Do not hesitate to contact us today at (888) 796-4010 if you are suffering because of workplace disability bullying.