Under the Fair Employment and Housing Act (FEHA), employers in California are prohibited from discriminating against you on the basis of your disability. Employers must also provide reasonable accommodations to workers with certain mental or physical conditions that constitute a disability as defined by the FEHA.
If you’ve faced disability discrimination at your place of employment or have been denied reasonable accommodations, a disability discrimination lawyer from California can help you. A La Canada Flintridge disability discrimination lawyer from Domb & Rauchwerger can file a claim on your behalf and fight for financial remedies. Our California disability discrimination lawyers have years of experience protecting from discrimination and unfair treatment in the workplace. Call us today to learn how we can help you.
Conditions that Qualify as a Disability Under the FEHA
The Fair Employment and Housing Act (FEHA) defines a disability as any mental, physical, or medical condition that restricts your ability to participate in major life activities. If your employer has failed to provide you with reasonable accommodations or discriminated against you because of one of the following disabilities, you may have grounds for a claim:
Physical Disability
Government Code section 12926(m)(1) states that qualifying physical disabilities limit major life activities due to their impact on the following:
- Brain
- Nerves
- Speech organs
- Skin
- Immune system
- Musculoskeletal system
- Special sense organs
- Respiratory system
- Cardiovascular system
- Digestive system
- Reproductive system
- Hemic system
- Lymphatic system
- Endocrine system
According to the specifications set forth by state law, an example of a physical disability would be a broken leg, as such a condition would impact your ability to walk, complete workplace duties, and engage in family activities.
If you have a broken leg or another condition that restricts your ability to walk, your employer would be required to provide you with accommodations such as a parking spot that’s close to your company’s building, relief from duties that involve lifting heavy objects, or even a leave of absence during which you could focus on your physical recovery.
Mental Disability
Qualifying mental disabilities include any psychological or mental disorder that disrupts your ability to participate in major life activities. Examples of such disorders include, but aren’t limited to, the following:
- Emotional or mental illness
- Neurocognitive disorder
- Intellectual disability
- Specific learning or cognitive disabilities that limit a major life activity
Medical Condition
Under California state law, qualifying medical conditions include cancer and genetic characteristics linked to the development of a specific medical disorder or disease.
If you believe your employer has discriminated against you on the basis of a medical condition, mental disability, or physical disability, a disability discrimination lawyer from La Canada Flintridge can help you take legal action. An attorney from our team can also seek damages on your behalf if you were denied the accommodations you’re entitled to.
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Forms of Disability Discrimination a La Canada Flintridge Attorney Can Combat
There are two main forms of disability discrimination that an attorney from our firm can help you take action against. Consider reaching out to our La Canada Flintridge disability discrimination lawyers if you’ve experienced one of the following forms of unlawful treatment:
Adverse Action
According to California law, it is illegal for an employer to take adverse action against you because of your protected category, which includes all of the disabilities mentioned above. An adverse action is one that impacts the terms, privileges, or conditions of your employment in a negative way. The following are examples of adverse actions:
- Discharge or termination
- Demotion
- Failure to hire or promote
- Negative performance review
- Relief of job duties
- Pay cut
If your employer has taken one of the above-listed adverse actions against you because of your mental disability, physical disability, or qualifying medical condition, you may be entitled to financial compensation. An attorney from our firm can review the details of your case, determine if you have grounds for a claim, and fight for the damages you’re owed.
Failure to Give You Reasonable Accommodations
If you have a qualifying disability, California state law requires your employer to provide you with the reasonable accommodations you need to perform the essential functions of your job. A job function is considered essential if one or more of the following statements describe it:
- You spend a considerable amount of your workday on the task
- The main purpose of your job is to complete the function
- Co-workers who have the same job as you perform the job function
Sometimes, it isn’t clear whether a job function is essential. If you’re unsure whether a task qualifies as an essential job function, our disability discrimination attorneys in La Canada Flintridge can offer guidance. We can also take action against your employer if they’ve denied you any of the following reasonable accommodations that you need to perform the essential functions of your job:
- Modification of your workspace to make it useable and accessible
- Creation of a modified or part-time work schedule
- Devices or equipment modified for your disability
- Changing policies, training materials, or examinations to suit your needs
- An interpreter who can help you communicate effectively
- Permitting you to bring an assistive animal to work
- Altering how you perform an essential job function
- Additional training
- Allowing you to work remotely
- Unpaid or paid leave for your recovery or medical treatment
The above-mentioned forms of reasonable accommodation only account for a small portion of the accommodations you could be entitled to receive. If you believe your employer has denied you the accommodations you need to do your job, our La Canada Flintridge disability discrimination attorneys can help you seek justice and compensation.
La Canada Flintridge Disability Discrimination Accommodation
Lawyer Near Me 213-537-9225
A Disability Discrimination Lawyer Can Help You Pursue Fair Compensation
When you work with an attorney from our firm, they’ll investigate the disability discrimination you experienced and gather valuable evidence. They’ll analyze the evidence and use it to prove that your employer was aware of your disability and that the discrimination you faced was directly motivated by your physical, mental, or medical condition.
Then, your lawyer will file a claim on your behalf and fight for the following remedies:
- Front pay
- Back pay
- Emotional distress
- Attorney’s fees
- Punitive damages, if applicable
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Meet With an Experienced La Canada Flintridge Disability Discrimination Attorney for Free
No one should be denied the reasonable accommodations they’re entitled to or experience workplace discrimination due to a disability. If you’ve faced disability discrimination at your workplace, you have the right to seek legal counsel and pursue remedies.
Zack Domb and Devin Rauchwerger have experience defending Fortune 500 employers at one of the largest employment defense firms from disability discrimination claims like yours. As a result, they know what tactics and strategies defense firms typically deploy. Mr. Domb and Mr. Rauchwerger have used their insider knowledge to get their clients amazing results and provide them with justice.
Contact a La Canada Flintridge disability discrimination lawyer from Domb & Rauchwerger today to schedule a free consultation and get the skilled representation you need to move forward.
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