In a fair and just society, every employee, regardless of their abilities, should be treated with respect and provided equal opportunities in the workplace. Unfortunately, disability discrimination continues to be a pervasive issue that many individuals face. If you are a victim of disability discrimination in Los Angeles, it is essential to seek the guidance of experienced employment attorneys who will fight for your rights.
Eldessouky Law is dedicated to standing up against employers who engage in discriminatory practices and providing the necessary support for employees facing these challenges.
Our Los Angeles Disability Discrimination Lawyers have extensive experience handling claims involving violations of disability rights law.
Call our office at 714-409-8991. We offer free consultations. We can help.
Understanding Disability Discrimination Laws
Federal and state laws exist to protect individuals with disabilities from discrimination in the workplace. These laws prohibit employers from discharging, failing to hire or promote, or mistreating employees based on their physical or mental disabilities, as long as the employee can perform the job with reasonable accommodations. It is crucial to be aware of the legal protections available in Los Angeles and California, ensuring you understand your rights and how to pursue justice.
Disability discrimination laws are in place to protect individuals with disabilities from unfair treatment in the workplace. According to the US Equal Employment Opportunity Commission (EEOC), disability discrimination occurs when an employer or entity covered by the Americans with Disabilities Act (ADA) or the Rehabilitation Act treats a qualified individual unfavorably due to their disability. This unfavorable treatment can include various forms of mistreatment, such as denial of employment opportunities or unequal treatment in the workplace.
It’s important to note that disability discrimination extends beyond the actual presence of a disability. The EEOC also recognizes instances where an employer treats an applicant or employee less favorably based on their history of a disability or their perceived physical or mental impairment, even if it is minor or expected to be temporary.
In California, employees are granted additional protections under the Civil Rights Department (CRD). These state laws complement the EEOC and ADA requirements, ensuring that individuals with disabilities are safeguarded from discrimination and provided with necessary accommodations to fully participate in the workforce.
Understanding the nuances of disability discrimination laws is crucial when fighting against unjust treatment. By being aware of your rights under both federal and state laws, you can empower yourself to take legal action against employers who engage in discriminatory practices.
Who is Protected Under Disability Laws?
Under California law, a broad definition of disability extends to any physical or mental impairment that limits at least one major life activity. In addition to widely recognized injury-based and illness-based conditions, California law treats significant cognitive and learning disabilities and psychiatric conditions including depression as disabilities, provided that these conditions meet the “limits at least one major life activity” standard. Additionally, alcoholism and drug addiction are treated as disabilities under California law, provided that a worker with an addiction-based disability is in recovery and is not actively abusing substances. Finally, protected disabilities may also include impairments that are temporary, provided that these conditions are sufficiently limiting and severe.
In essence, California’s definition of what constitutes a “disability” shifts the focus from society’s ever-evolving perception of which conditions do and do not meet the definition of disability to concerns over whether a condition functionally limits a worker’s ability to perform their job. This approach allows those who need them, for whatever functionally limiting medical reason, to request a reasonable accommodation of their conditions in the workplace.
The scope of disability laws extends beyond commonly known physical disabilities. In California, individuals are protected if they have a physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that limits their ability to participate in major life activities. This includes conditions such as HIV/AIDS, hepatitis, epilepsy, diabetes, and multiple sclerosis.
Additionally, protection is granted to those perceived by their employers as having a disability or a history of medical conditions in remission. Temporary disabilities, such as a broken leg, clinically diagnosed depression, stress or anxiety, pregnancy, ADHD/ADD, are also covered.
Recognizing Disability Discrimination – Common Signs to Look Out For
Disability discrimination can manifest in various forms, and it is important to understand the different scenarios in which it may occur. Some examples of disability discrimination include:
- Failure to accommodate: Employers are required to make reasonable accommodations for employees with disabilities. Failure to provide necessary accommodations, such as medical leave, work-from-home options, modified equipment, adjusted work schedules, or accessible workspaces, constitutes discrimination. A very common example of failure to accommodate is when an employer claims the employee has “failed to return to work” because of their on going leave.
- Leave entitlement denial: Employees may be entitled to leave under laws like the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). Denying this leave based on a disability is discriminatory.
- Failure to hire: Refusing to hire a qualified candidate solely because of their disability or perceived disability is a clear violation of the law.
- Retaliation for requesting accommodations: Employers cannot terminate or mistreat employees who request reasonable accommodations for their disabilities. Signs of retaliation can be subtle such as a slight change in schedule or work assignments or more obvious such as harassment and termination.
- Failure to engage in the interactive process: Employers have a legal obligation to engage in an interactive process with employees who disclose their disabilities and request accommodations. This process involves discussing potential accommodations and finding suitable solutions.
The Importance of Reasonable Accommodations
Reasonable accommodations plays a crucial role in ensuring equal opportunities for individuals with disabilities. Employers are obligated to provide accommodations that enable employees to perform their job duties effectively. These accommodations may include medical leave or extensions, remote work options, reassignment to available positions, modified equipment, adjusted work schedules, policy adjustments, additional training, interpreters, or other necessary assistance. If your employer fails to provide reasonable accommodations, it may be considered disability discrimination.
A reasonable accommodation request may be made by a worker with disabilities if a modification or adjustment will allow them to execute their job-related duties. Generally, an employer can only reject a reasonable request for accommodation if that effort will create an “undue hardship,” such as operational challenges or a significant expense, for the employer. Reasonable requests for accommodation take many forms. Examples of reasonable accommodations include working from home if an office worker cannot be safely vaccinated against the Covid-19 virus due to a medical condition, modified work schedules that allow a worker to seek medical treatment, job restructuring that removes the management of specific physical obstacles from a physically impaired worker’s job duties, and providing a visually or hearing impaired worker with adaptive technology necessary to perform job-related functions. Additionally, permitting a worker to take a legally-protected leave of absence (for a single span of time or intermittently) for medical reasons may also serve as a reasonable accommodation of that worker’s disability.
It is worth noting that the kinds of accommodation requests that can objectively be considered reasonable cannot be divorced from context. For example, it would not serve as an unreasonable hardship to a multi-million dollar corporation to allow one of its 250 content specialists to modify their work schedule to accommodate chemotherapy appointments. However, a small company that employs 20 workers may suffer an undue hardship if its only receptionist regularly needs to be away from their desk for hours at a time during business hours to attend necessary medical appointments. Generally speaking, an employer must embrace a good faith “interactive process” regarding employees with disabilities. This process must allow both parties to exchange information regarding the disabled worker’s functional limitations, ability to perform their job, and potential accommodations that the employer could potentially provide without suffering an undue burden.
How Can an Attorney Help with Your Disability Discrimination Claim?
Despite overall evidence of progress, disability discrimination remains a problem in the workplace. It is often difficult to uncover disability discrimination and take legal action without the assistance of an experienced employment attorney.
Most victims of discrimination will lack the resources and legal knowledge necessary to bring a successful claim against their employer let alone obtain a favorable outcome and compensation for damages. An attorney with experience handling disability discrimination cases will be able to:
- Uncover vital evidence needed for a successful claim
- Handle negotiations with employers and their defense counsel
- Work to obtain you a fair and favorable compensation
- Work to obtain you rightful accommodations
- Take your case to trial if necessary
You have been treated unfairly and as such you deserve compensation for damages and a chance to lead a productive and fulfilling life. You can trust the attorneys at Eldessouky Law to provide you with the legal services and results you need. Contact us today to learn more about how we can help.
Filing a Claim and Seeking Compensation
When facing disability discrimination in the workplace, it is essential to understand the necessary steps for seeking justice and compensation.
Time Limit to File a Claim
Workers who believe they have been subjected to disability discrimination must be aware of the time limit for filing a complaint. Failure to adhere to this timeframe may result in the loss of the right to file a lawsuit. To ensure a favorable outcome, it is crucial not to wait until the deadline approaches. The complaint must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the discriminatory incident.
For California specic claims, you will need to obtain a right to sue letter from the Civil Rights Department (CRD) within 3 years from the date of the last action taken against you.
Do not wait! The longer you wait, the more difficult it may be to uncover vital evidence needed for the complaint.
Affordable Legal Representation – No Fee Until You Win
At Eldessouky Law, we understand that individuals who have experienced disability discrimination often face financial challenges. When seeking legal assistance, one of the primary concerns is the cost of legal services. We are proud to offer representation for ADA and disability discrimination cases on a contingency fee basis. This means that our clients do not need to worry about upfront or out-of-pocket expenses.
Our legal fees are only collected if we successfully secure a favorable settlement or verdict on behalf of our clients. Our fee arrangement aims to encourage more individuals who have faced discrimination to come forward and assert their rights.
Types of Compensation Available
If you or someone you know has endured workplace discrimination based on disability or perceived disability, you may be eligible for various forms of compensation. Our dedicated team at Eldessouky Law will thoroughly investigate your claims and diligently work to secure the compensation you deserve. Depending on the circumstances of your case, you may be entitled to:
- Reinstatement to your job (if applicable)
- Access to reasonable accommodations
- Front pay and back pay (lost wages)
- Damages for pain and suffering (emotional distress)
- Coverage of court costs and legal fees
Seeking compensation not only provides financial redress but also sends a strong message that disability discrimination will not be tolerated. Contact Eldessouky Law today to discuss your case and explore your options for pursuing the compensation you deserve.
Seek Legal Guidance from Eldessouky Law
If you are facing disability discrimination in the workplace, Eldessouky Law is here to guide you through the legal process and protect your rights. Our experienced Los Angeles disability discrimination attorneys have a deep understanding of disability discrimination laws and are dedicated to fighting for justice on behalf of employees.
We have successfully represented clients in valid disability discrimination claims and are well-regarded by relevant agencies such as the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing.
Call our office today at (714) 409-8991 to discuss your case and work together towards a favorable outcome. Our attorneys will listen carefully to your concerns, evaluate the specifics of your case, and provide you with personalized advice for achieving justice.
Our goal is to ensure that everyone is treated fairly in the workplace and has access to equal opportunities regardless of a disability or perceived disability.
Contact Eldessouky Law for a Free Consultation
Don’t let disability discrimination go unchallenged. If you have experienced mistreatment in the workplace based on your disability, it is essential to take action. Contact Eldessouky Law for a free consultation to discuss your case and explore your legal options. Our compassionate team is ready to provide the guidance and support you need. Call us today at 714-409-8991 or visit our contact page to schedule your consultation.
Remember, you don’t have to face disability discrimination alone. Eldessouky Law is here to be your trusted guide and advocate in your fight for justice.