It is against federal and state law for an employee to be treated differently based on his or her disability. Denial of employment, demotion, termination, and other negative actions against persons with mental or physical disabilities are just a few examples of unlawful discriminatory treatments that cause undue hardship. It is also worth noting that qualified individuals with physical or mental impairment are entitled to necessary modifications to accommodate their disabilities in the workplace.
The California Fair Employment and Housing Act (FEHA), the Civil Rights Act, and the Americans with Disabilities Act (ADA) are state and federal disability discrimination laws operational in California. FEHA forbids employers from discriminating against job applicants or employees based on a physical or mental disability unless the disability prevents the person from performing essential job functions or it affects their health and safety.
FEHA also protects people from discrimination based on genetic information as well as harassment based on a real or perceived protected characteristics.
California has more protections for people with disabilities than the federal government does. This means that private businesses and nonprofits in California are required to do more for disabled employees than businesses elsewhere in the United States. FEHA is the state’s legislation regarding the rights of persons with actual or perceived disabilities and employers’ obligations in California.
The most crucial thing to know about filing a discrimination complaint is that you must do so within a specific period or you lose your right to sue. You must submit a formal complaint with the EEOC within 300 days after you were subjected to discrimination. However, if you wait for the deadline to get too near, your lawsuit might be lost. As soon as you realize that a complaint is necessary, file it.
If you can prove you are a victim of disability discrimination, you are entitled to compensation that will return you to the position you would have occupied had the discrimination never occurred.
A lawyer can help you get the compensation that you deserve. This may include getting hired, back pay, or a reasonable accommodation for your mental or physical disability at work. In some cases, you may be eligible to have the employer pay your lawyer’s fees after winning the case.
If you are thinking of filing a disability discrimination claim, it is strongly suggested that you speak with an employment attorney who specializes in employment law. The Equal Employment Opportunity Commission (EEOC) handles all discrimination claims and they need a lot of evidence and information to complete the process.
If you do not provide all the required evidence in a clear and organized way, your case might be dismissed. A disability discrimination lawyer who knows how to file EEOC charges can help you gather and present evidence to support your case. They will work with you to complete all of the paperwork and gathering of evidence as quickly as possible so your complaint is submitted within the specified time limit by EEOC.
A seasoned employment attorney will help you navigate the entire process. You will not have to worry about the details and can focus on other things in your life.
Have you or a family member been the victim of workplace discrimination based on disability? You should contact one of our disability discrimination lawyers right away to talk about your case and how it works under California law.
We’re here to assist you in receiving the compensation you deserve and ensuring that justice is served. Give us a call at 310-281-0100 or contact us online now. We are happy to offer a free evaluation to determine if you have a case.