As an employee in Palmdale, CA, you have several specific rights that protect you against discrimination and entitle you to a safe, fair and inclusive work environment. Experienced labor attorney, Mohamed Eldessouky, has spent several years helping employees throughout LA County understand these rights. Mr. Eldessouky is experienced at litigating common workplace violations that employees in Palmdale face; he has helped many workers enforce their rights through the Palmdale Courthouse.
California employment laws are clear on how they protect the rights of employees in Palmdale. It is illegal under these laws for any employer to subject you to workplace discrimination because of your disability or medical condition, whether physical or mental. These labor laws safeguard workers’ rights against unfair or unsafe workplace conditions, including those that arise from a hostile work environment.
Our employment law firm works tirelessly to ensure that employees in this city are protected from wrongful termination and retaliation. If you are being mistreated at work in any capacity, talk to our Palmdale, CA disability discrimination attorney today. We will help you understand your rights and how to proceed against your employer and recover compensation for the harm you have suffered.
Disability Discrimination in CA
Discrimination on the basis of disability is one of the most common violations that employees face in California. It occurs when a person is either subjected to negative treatment by an employer or is affected negatively by workplace policies. The purpose of the protection provided againstdisability discrimination under California law is to ensure everybody has fair and equitable opportunities to work. Government Code section 12940(a).
This does not mean that every single instance where you are denied work or certain responsibilities amounts to discrimination. Disability discrimination applies if you were denied work or specific responsibilities that you are qualified for and included essential job duties you were able to perform. There are many instances where this discrimination could have occurred. But understanding when this has been the case and pinpointing exactly what was wrong can often be difficult.
Have I Been a Victim of Disability Discrimination?
Disability discrimination can be direct in many instances, and in others, it can be so subtle it’s difficult to detect. But there are indicators that can either show that you have been discriminated against, or increase the likelihood this was the case. If you suspect that you may have been a victim of disability discrimination, consider the following:
- Do I have a disability? Although the term “disability” has an ordinary English meaning, its legal meaning is a bit different. Under the anti-discrimination laws, disability includes physical and medical impairments, medical conditions and even disorders. These must usually affect a major life activity such as speech, movement or even work.
- Was the action discriminatory? There are several kinds of actions that may be discriminatory. But they all stem from negative employment-related decisions that are taken either entirely or partially due to your disability. Examples of this include demotion, denial of responsibilities, transfer or termination.
- Have I suffered harm? Ask if you have suffered loss or harm due to the discriminatory action. If an employer failed to hire you for a position you were qualified for and could perform well, even with your disability, then you have likely suffered harm.
Although most of this seems straightforward, there are many circumstances that could complicate answering these questions. As a result, it is important for you to immediately contact a Palmdale disability discrimination attorney if you suspect you have been discriminated against.
Wrongful Termination Attorney in Palmdale, CA
At Eldessouky Law, we have provided matchless representation to workers in Palmdale, CA and throughout LA County. We have provided assistance with understanding employee rights in relation to common workplace violations and have helped our clients secure justice when their rights have been disrespected.
There is no justification for discrimination, no matter how it happens. Despite this, many employers still fail to pay attention to the rights of their workers living with disability, leading to large punitive awards against them. You have a right to a fair and inclusive workplace. If your employer is failing to ensure this, call our Palmdale disability discrimination attorney today.
Top Employers in Palmdale, CA
With a population of over 150,000 residents, Palmdale, CA is a part of the United States’ rich culture of innovation and is nicknamed “the aerospace capital of America”. Unsurprisingly, aerospace and aviation companies are also some of the largest employers in the city.
Other large employers in Palmdale, CA include:
- Lockheed Martin: 3,700 employees
- Northrop Grumman: 2,100 employees
- Antelope Valley Mall: 1,800 employees
- Palmdale School District: 1,792 employees
- Walmart: 1,242 employees
- Westside Union School District: 1,160 employees
- Antelope Valley Union High School District: 1,116 employees
- Boeing: 850 employees
- Palmdale Regional Medical Center: 800+ employees
- Los Angeles County: 500 employees
No matter how large these employers are, or the size of their legal team, they all have a duty to respect the rights of their employees.
Eldessouky Law Practice Areas in Palmdale, CA
At Eldessouky Law, we focus on protecting the rights of all workers in Palmdale, CA, regardless of their position or responsibilities at work.
Our practice areas in Palmdale, CA include:
- Hostile work environment
- Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
If you are being discriminated against or mistreated at work in any capacity, reach out to Eldessouky Law today. Our discrimination and wrongful termination attorney in Palmdale will help you understand your rights and next steps for justice.
Must my employer start a discussion to see how they can help me?
The purpose behind anti-discrimination laws is to ensure that all employees can enjoy the opportunity to work and excel at their jobs. Obviously, it would be impossible for an employee to excel or even function effectively at their job if they struggle with a disability.
As is often the case, when employees face difficulties at work, they are more reluctant to speak up because they don’t want to be seen as a liability. This is why the Fair Employment and Housing Act places a responsibility on employers to act when an employee suffers from a disability at work. This responsibility to act is regarded as a duty to engage in a “good faith, interactive process”. California Jury Instructions CACI 2546.
The process does not require anything formal. It simply requires your employer to start a discussion with you when it comes to their attention that you might require reasonable accommodation due to a disability. This can come to their attention through any means, including through a performance review or when you directly inform them.
Is Reasonable Leave Also a Reasonable Accommodation?
The interactive process is expected to include discussions that try to find a reasonable accommodation for a disabled employee. The explicit purpose of the discussions is to find a way to help the employee function effectively and avoid termination. Moore v. Regents of University of California (2016) 248 Cal.App.4th 216, 242 [206 Cal.Rptr.3d 841].
As a result, any reasonable measures that can help you perform more effectively both in the short and long-term will qualify. If what you need is a period of reasonable leave to help you recover from your medical condition, for instance, an employer should see how they can make this work.
The question of leave can also include several other discussions such as deciding between FMLA and CFRA leave. If you are in a situation where you will require reasonable accommodations, our disability discrimination attorney can help you understand your rights.
Schedule a Free Consultation with Our Disability Discrimination Attorney Today
The anti-discriminations laws are meant to protect you. Take advantage of this protection today by scheduling a free, no-obligation with Eldessouky Law at 714-409-8991 today to get started.