Disability Discrimination
If you have experienced discrimination due to your disability, you deserve justice today. Disability discrimination is the unlawful treatment of someone due to a physical or mental impairment. California’s Fair Employment and Housing Act or “FEHA” provides substantial protections against disability discrimination. There are a handful of federal laws that protect individuals with disabilities including but not limited to the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
California law prohibits employers with five or more employees from discriminating on the bases of an employees:
- Physical Disability
- Medical Condition
- Genetic Condition
- Mental Disability
To qualify for protection under the American with Disabilities Act or California’s Fair Employment and Housing Act, employees must be able to perform the job’s essential functions.
According to the law, employers are required to provide reasonable accommodation if it would not impose an “undue hardship” on the employer’s business.
Your Disability Attorney
Lott Law, a proven disability discrimination lawyer, is ready to provide the support employees need facing unfair treatment based on their disabilities. Every employee has the right to work in a safe and and equal treatment work environment. If you feel as though you are being discriminated against due to your disability, contact us to discuss your situation and find solutions.
Q: Does My Impairment Qualify As A Disability?
To receive protection under California law, an employee must suffer from a physical disability, a mental disability or a medical condition, as those terms are defined under California’s Fair Employment and Housing Act or “FEHA.”
Under the federal ADA, an induvial qualifies with “a physical or mental impairment that substantially limits one or more major life activities.”
Q: What Is Reasonable Accommodation For Workplace Disabilities?
According to California Labor Code 12940, individuals with disabilities are entitled to accommodations to ensure an equitable and fair employment process and experience.
California law states that “Reasonable Accommodation is any modification or adjustment to a job, the work environment, or in the way things are customarily done, that enables a qualified individual with a disability to have equal employment opportunity.”
Employers are not responsible to make said accommodations if it presents an undue hardship on the employer’s business operations. Undue hardship includes financial difficulty or unduly extensive, substantial, or fundamentally disruptive, but it is the employer’s burden to prove the hardship.
Contact A Disability Lawyer Today
If you feel like your employer has unlawfully discriminated against your disability, it is important to know your rights and contact an experienced disability attorney. Lott Law is ready to protect your rights and help get the justice you deserve.
