Know Your Rights: Disability Discrimination in the Workplace

Most people are aware that employment discrimination based on race, color, creed, national origin, and sex is prohibited. However, many are unaware that discrimination against employees with disabilities is also unlawful. The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities. It is important for employees to know their rights under the ADA in order to ensure that they are treated fairly in the workplace.

Our Los Angeles employment law attorneys explain your rights against disability discrimination in the workplace.

Types of Disability Discrimination

There are two main types of disability discrimination: failure to provide reasonable accommodations and disparate treatment. Reasonable accommodations are changes or modifications to a job or work environment. Disabled employees can request reasonable accommodations to help them to perform the essential functions of their job. Some common examples of reasonable accommodations include modifying equipment or workspaces and providing assistance.

Disparate treatment is when an employer treats an employee with a disability differently from other employees who do not have a disability. This can include denying employment opportunities, making negative employment decisions, or harassment.

Employees’ Rights Under the ADA

The ADA protects employees with disabilities from discrimination in all aspects of employment, including hiring, firing, promotion, compensation, and job training. An employee must have a physical or mental impairment that substantially limits one or more major life activities to be protected under the ADA. Additionally, they must be able to perform the essential functions of their job with or without reasonable accommodations. If you believe that you have been the victim of disability discrimination in the workplace, it is important to contact an experienced employment law attorney.

California Laws Against Disability Discrimination

In addition to the ADA, California has its own laws that prohibit employment discrimination on the basis of disability. The Fair Employment and Housing Act (FEHA) is a state law that makes it unlawful for employers to discriminate against employees with disabilities. Under the FEHA, employers are required to provide reasonable accommodations for employees with disabilities unless doing so would impose an undue hardship on the business. If you have been the victim of disability discrimination in California, you may be able to file a claim under both state and federal law.

If you have been the victim of disability discrimination in the workplace, it is important to contact an experienced employment law attorney. An attorney can help you understand your rights and options under the law.

Examples of Disability Discrimination

There are a number of different ways that an employer can discriminate against an employee with a disability. Some common examples include:

• Refusing to hire an individual because they have a disability

• Firing an employee because they have a disability

• Not providing reasonable accommodations

• Harassing an employee because of their disability

• Denying employment opportunities because of a disability

How a California Disability Discrimination Attorney Can Help You

If you believe that you are experiencing disability discrimination in the workplace, it is important to contact an experienced employment law attorney. An attorney can help you understand your rights and options under the law. Additionally, an attorney can help you gather evidence and build a strong case against your employer. If you are successful in your claim, you may be entitled to compensatory damages, including lost wages and benefits, as well as punitive damages.

If you have been the victim of disability discrimination in the workplace, get in touch with our team today at Hennig Kramer LLP. Our team offers free consultations, and we also often work on a contingency-fee-basis. This means we won’t charge you until and unless your case ends with a settlement or jury award.

Contact our Los Angeles employment law attorneys today at (213) 310-8301 to learn how we can help you!