Disability Discrimination

San Diego Disability Discrimination Lawyer

Picture of StatueThough workplace discrimination is illegal, it is still an unfortunate reality of today’s work environment. To protect workers, the U.S. has put into place a variety of federal and state laws to protect employees from job discrimination. These laws offer protection in several areas including hiring, recruitment, firing, training, promotion, pay, and job assignment.

Disability Discrimination

The Federal Americans with Disabilities Act (ADA) and California law prohibit workplace discrimination due to disability. If you think that your employer has discriminated against you or is harassing you because of a disability, or if they have failed to accommodate for your disability, you must get in touch with an experienced disability discrimination attorney at The Gould Firm. We will fight for your rights and help you recover damages against your employer.

Signs of Disability Discrimination in the Workplace

Some of the common signs of disability discrimination in the workplace include:

  • Failure to make reasonable accommodations for your disability
  • Failure to provide time off for doctor visits or cancer treatments
  • Retaliation after you have insisted on your rights under California and federal law
  • Termination based on your disability or medical condition
  • Demotion based on your disability or medical condition
  • Discrimination because of a perceived disability
  • Forcing you to work despite medical restrictions
  • Discrimination based on a disability plus other factors, such as age, race, pregnancy or sex
  • Punishment because of a perceived or real disability, or cancer

Many people who are dealing with the effects of cancer, chronic illness, degenerative diseases, blindness and other severe disabilities are vulnerable to disability discrimination and also, to disability harassment. Those who are returning from disability leave after receiving worker’s compensation, family medical leave, California family rights act leave or maternity leave may also be discriminated against in the workplace.

If you are in this situation you need a disability discrimination attorney with The Gould Firm to help ensure you receive the appropriate compensation you deserve.

Definition of a Disability

A disability can be any injury which prevents the employee from working for some period of time, any injury which requires surgeries, any disease or disability that the employee has and, any type of mental disability or disorder the employee has.

Failure to Engage in the Interactive Process

Under the California Fair Employment Housing Act, employers must reasonably accommodate for employees with disabilities, and this process has been termed an “interactive process.” The employer is responsible for doing the following:

  • Analyzing the position and job description and identifying its purpose and essential functions.
  • Work with the employee with the disability to identify any barriers that exist for the employee because of their disability. This analysis must include a thorough review of all limitations and tasks that may not be easy to complete because of the employee’s disability.
  • Identify the types of accommodations required so that the employee can perform required tasks.

Employers are also required to explore accommodation options in good faith. This means they must be looking out for the best interests of the employee to ensure the employee can perform his or her job effectively. They must also communicate directly with the employee, and neither side is permitted to delay or obstruct this process. Employers must be cooperative and be proactive in identifying barriers to job performance.

If you believe your employer has violated your rights and that you are a victim of disability discrimination please contact The Gould Firm to discuss your case. We are here to help.