Disability Discrimination Lawyer in Pasadena

Discrimination Against Perceived Disabilities

It’s also against the law for employers to discriminate against you because of a perceived disability. This means that even if you do not have a disability, but your employer believes that you do, and your employer takes an adverse action against you because they believe you have a disability, you are still protected under the FEHA.

Furthermore, an employer cannot take any action against you because of your association with a person who has a physical disability, mental disability, or medical condition.

You Have a Responsibility to Notify Your Employer of Your Disability

To benefit from the protections provided by California law, you must notify your employer that you have a disability. Although you don’t have to use the word “disability” when disclosing your condition, you must put your employer on notice of your disability. 

You can put your employer on notice of your disability either by providing the name of your impairment, whether that be depression, epilepsy, etc., telling your employer of the symptoms you are experiencing, or letting your employer know that you have a condition for which you are under the care of a healthcare provider and letting them know of any restrictions you have or accommodations you need to perform your essential job functions.  

If you’ve experienced discrimination or denial of accommodations but failed to tell your employer about your condition, it may be difficult or impossible for a disability discrimination lawyer from our team in California to help you seek damages. 

However, you may still be able to get help from one of our California employment lawyers if you have a reasonable belief that your employer was on notice of your disability even without having told them. 

An example of this is if an employee has a broken foot and is seen by their supervisor walking with the assistance of crutches.  In this example, although the employee did not say anything to their employer, the supervisor observed the employee using crutches and was put on notice that the employee may have a disability.  

In such an example, the employer would have a duty to engage in the “interactive process” with the employee and provide reasonable accommodations to help the employee perform the essential functions of their job duties. 

Employers of Disabled Workers Must Engage in the Interactive Process

The recognition of perceived disabilities highlights the importance of sensitivity training and fostering an inclusive workplace culture. Employers should be aware of unconscious biases that might affect their decisions and should actively work to counteract these biases. This proactive approach not only prevents discrimination but also enhances company morale and improves employee retention.

Once your employer is aware or should be aware of your disability, the law requires them to engage in what is known as the “interactive process.”

The interactive process is a dialogue between you and your employer that aims to identify the accommodations you need to perform the core duties of your job. According to the law, your employer must initiate this process and provide the accommodations you need, even if you don’t ask them to do so.

To receive disability protection from the FEHA, you must also participate in good faith in the interactive process. To participate in the process, you should provide your employer with one of the following:

• A list of restrictions that you have because of your disability, such as a restriction on the number of pounds you can lift
• A doctor’s note that states your restrictions and the amount of time your restrictions are expected to last 

An employer’s failure to provide you with a reasonable accommodation or to engage in the interactive process with you is two independent violations of the law. A lawyer from Domb & Rauchwerger may be able to help you take action against your employer if the employer committed either of those violations.

Retaliating Against Employees Who Request Accommodations Is Illegal

It is also against the law for your employer to retaliate against you for requesting a reasonable accommodation to help you perform an essential function of your job.

If you believe your employer has taken one of the adverse actions mentioned earlier against you for requesting a reasonable accommodation, an experienced disability discrimination lawyer can hold them accountable for their actions.

Understanding the interactive process is crucial for employees as it helps demystify the steps involved in obtaining necessary accommodations. Both parties engaging in good faith ensures a better understanding of job requirements and employee capabilities, which leads to successful job performance and satisfaction. Legal advisors play a critical role in guiding employees through this process, ensuring clear communication and compliance with all legal standards.

Remedies You Could Receive With the Help of a California Attorney

If your employer has five or more employees and has failed to provide you with a reasonable accommodation, discriminated against you because of your disability, or retaliated against you, an experienced disability discrimination attorney could obtain for you the following remedies via a lawsuit:

• Back pay
• Front pay
• Compensation for emotional distress
• Attorney’s fees and court costs
• Punitive damages

For trusted legal guidance, reach out to a knowledgeable disability discrimination attorney near you. Call (213) 772-5882 or contact us immediately to schedule your consultation.

Frequently Asked Questions About Disability Discrimination

What Should I Do If I Experience Disability Discrimination at Work?

If you experience disability discrimination at work, it's essential to document the incidents carefully. Start by keeping detailed records of all discriminatory acts, including dates, times, locations, and names of individuals involved. Report the discrimination to your supervisor or human resources department, following your company's established procedures. If the issue is not resolved internally, consult a qualified disability discrimination attorney in Pasadena. At Domb Rauchwerger LLP, our lawyers provide strategic counsel and representation in such matters, ensuring your rights are protected throughout the process.

How Does the FEHA Protect Disabled Employees in California?

The Fair Employment and Housing Act (FEHA) is a state law that offers comprehensive protection for disabled employees in California. It prohibits employment discrimination based on disability and mandates that employers provide reasonable accommodations to qualified disabled workers. FEHA applies to public and private employers with five or more employees and offers broader protections than federal legislation, such as the Americans with Disabilities Act (ADA). At Domb Rauchwerger LLP, we can help you understand how FEHA protections apply to your workplace situation.

What Constitutes a Reasonable Accommodation?

A reasonable accommodation is any modification or adjustment to a job or work environment that enables a disabled employee to perform essential job functions. Examples include altering work schedules, providing special equipment, or modifying job duties. The accommodation must not impose an undue hardship on the employer, considering factors such as cost and resources. Understanding your right to reasonable accommodation under the law is crucial, and our attorneys can guide you on whether your requested accommodation qualifies.

What Actions Can Employers Not Take Against Disabled Employees?

Employers are prohibited from taking any adverse actions against employees due to their disabilities. This includes firing, demoting, reducing pay, or denying promotions based on disability status. The law also forbids retaliation against employees who seek accommodations or file discrimination complaints. If you suspect that your rights have been violated, seek legal advice promptly to explore your options for redress.

How Can a Disability Discrimination Lawyer Assist Me?

A disability discrimination lawyer can offer invaluable assistance by evaluating your situation, advising you on legal rights, and representing your interests in legal disputes. They can help gather evidence, file necessary legal documents, and negotiate with your employer for a fair resolution. At Domb Rauchwerger LLP, our legal team is committed to advocating for individuals facing discrimination and ensuring justice and fairness in the workplace.

Our qualified disability discrimination lawyer is here to assist you. Call (213) 772-5882 or use our online form to schedule your free initial consultation without delay.