Encino Disability Discrimination Lawyer

Encino Disability Discrimination Attorney

Disability discrimination is a serious problem in the workplace. It can take many forms, including:

• Refusing to hire qualified job applicants because of their disabilities.
• Firing or demoting employees because of their disabilities.
• Failing to provide reasonable accommodations to employees with disabilities.
• Harassing employees because of their disabilities.
• Segregating employees with disabilities from other employees.

Disability discrimination is illegal under both California law and federal law. However, it still happens. If you believe you have been discriminated against because of your disability, you should contact an Encino disability discrimination lawyer to discuss your legal options.

Employers have a responsibility to provide reasonable accommodations to employees with disabilities. Reasonable accommodations are changes to the workplace or job duties that allow employees with disabilities to perform their jobs. Some examples of reasonable accommodations include:

• Providing a wheelchair ramp or accessible elevator.
• Allowing an employee to work from home or have a flexible schedule.
• Providing assistive technology, such as a screen reader or voice recognition software.
• Modifying an employee’s job duties to reduce the impact of their disability.

Employers are not required to provide accommodations that would cause an undue hardship to the business. However, employers must make a good-faith effort to provide reasonable accommodations to employees with disabilities.

Other Examples of Disability Discrimination

In addition to failing to provide reasonable accommodations, there are many other ways that employers can engage in disability discrimination. Some other examples of disability discrimination in Encino, CA include:

• Paying employees with disabilities less than other employees for doing the same job.
• Denying employees with disabilities access to training or promotional opportunities.
• Creating a hostile work environment for employees with disabilities.
• Retaliating against employees with disabilities for complaining about discrimination.

Types of Disabilities

Disabilities can be physical, mental, or sensory. Some examples of disabilities include:

• Physical disabilities: Amputation, blindness, deafness, cerebral palsy, multiple sclerosis, spinal cord injuries
• Mental disabilities: Depression, anxiety, bipolar disorder, schizophrenia, autism spectrum disorder
• Sensory disabilities: Blindness, deafness, low vision, hard of hearing

Contacting an Encino Disability Discrimination Lawyer

If you believe you have been discriminated against because of your disability, you should contact Gruzen Moussly Law to discuss your legal options. Our attorneys can help you understand your rights and file a claim or lawsuit against your employer.

Benefits of Winning a Disability Discrimination Case

If you win a disability discrimination case, you may be entitled to a variety of remedies, including:

• Back pay: You may be awarded back pay for the wages you lost as a result of the discrimination.
• Front pay: You may be awarded front pay, which is compensation for future wages you are likely to lose as a result of the discrimination.
• Emotional Distress Damages
• Attorneys’ Fees and Court Costs
• Reinstatement: You may be ordered reinstated to your job, if you were fired or demoted.
• Punitive damages: In some cases, you may be awarded punitive damages, which are intended to punish the employer for its discriminatory conduct.

FAQs

Q: What Is Disability Discrimination?

A: Disability discrimination is unwelcome, offensive, and unlawful comments or treatment towards someone based on their disability. It can include lewd remarks, hate speech, negative comments, exclusion, tasteless jokes, or physical misconduct. Discriminating against anybody in the workplace is illegal under California state law.

To qualify for disability discrimination protection, you must be able to perform the job duties at hand with or without a reasonable accommodation.

Q: Do I Have to Tell My Employer About My Disability?

A: Legally, no. You do not have to tell your employer about your disability if it will not impact your job performance or your overall ability to do that job. However, if you believe you will require a reasonable accommodation in your workplace that will enable you to perform your job duties more easily, it may be a good idea to inform your employer about your disability.

Q: What Is an Undue Hardship?

A: An undue hardship is what your employer can claim to deny a workplace accommodation that would be considered unreasonable by your employer’s standards. California law declares any accommodation that is “unduly extensive, substantial, or disruptive” to be an undue hardship. Factors that are considered by the courts when deciding on an undue hardship are:

• The expense of the accommodation
• The scope of the employer’s business
• The employer’s economic resources
• The impact the accommodation would have on business

Q: When Can an Employer Not Hire Someone Based on Their Disability?

A: The only situation in which an employer can refuse to hire someone based entirely on their disability is if that disability impedes the applicant from performing the job for which they are applying. If someone’s disability has no impact on their job performance, with or without reasonable accommodation, then they should be considered for the role of one of the applicants.

However, if that requested accommodation falls under undue hardship, the employer can refuse to hire them on that basis as well.

Q: Can an Employer Ask Me If I Have a Disability During the Interview?

A: No, a prospective employer cannot outright ask you if you have a disability while you are interviewing for a job, nor can they probe you for information about a disability they might think you have. If you have a disability that is physically obvious or that you have already told the employer about, they may inquire about any accommodations you may need to fulfill the duties of the job you are applying for.

Q: Can I Be Fired for Pursuing Legal Action Against My Employer?

A: No, you cannot be legally fired for pursuing legal action against your employer for a disability discrimination claim. California law protects employees from employers’ retaliatory actions. If you are fired due to fighting back against discrimination, you may be able to bring a wrongful termination claim against your employer as well.

Facing a disability discrimination case can be stressful and intimidating. However, it is important that you stand up to employers who seek to take advantage of you or mistreat you in any way.

Disability discrimination is a serious problem that can have a devastating impact on the lives of employees with disabilities. If you believe you have been discriminated against because of your disability, you should contact a disability discrimination attorney to discuss your legal options. An attorney can help you understand your rights and pursue the justice you deserve.

Sources

https://www.eeoc.gov/youth/disability-discrimination

https://www.leagle.com/decision/infdco20150714649

https://calcivilrights.ca.gov/employment/

https://calcivilrights.ca.gov/peoplewithdisabilities/