If you have a disability and work in California, it’s important to know that state law protects you from workplace discrimination based on your disability. The law also requires your employer to provide reasonable accommodations for your qualifying physical or mental condition.
You can hire a Pasadena employment lawyer and take legal action if your employer has failed to provide you with reasonable accommodations or discriminated against you because of your condition. A Pasadena disability discrimination lawyer from Domb & Rauchwerger can take on your case and demand the remedies you’re owed.
Conditions the CRD Qualifies As Disabilities
To file a disability discrimination claim against your employer, your physical or mental condition must be categorized as a disability by the California Civil Rights Department (CRD). According to the CRD, you may be eligible to file a claim if you’ve faced unlawful workplace treatment related to one of the following conditions:
Physical Disabilities
According to Government Code section 12926(m)(1), your physical condition qualifies as a disability if it restricts your participation in major life activities due to its effect on one or more of 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
A physical disability that limits your participation in major life activities may stop you from walking, taking part in family activities, and fulfilling physical responsibilities at your job. For example, a broken leg would qualify as a disability because it would affect your ability to walk from the parking lot to your office building.
If you have a broken leg and have been denied reasonable accommodations, like a parking spot near the office door or relief from responsibilities that your injury prevents you from completing, a Pasadena disability discrimination attorney from our firm can help you seek compensation and justice.
In addition, if you’ve been discriminated against because of your broken leg or another disability that impacts one of the above-mentioned organs or bodily systems to the degree that your ability to engage in major life activities is restricted, our team can represent you.
Mental Disabilities
The law also protects you from workplace discrimination based on a mental disability. A mental disability is any mental or psychological disorder that impedes your ability to take part in major life activities. The following mental conditions are considered disabilities:
- Mental illness
- Intellectual disability
- Specific cognitive and learning disabilities
- Neurocognitive disorder
Medical Conditions
If you have a medical condition such as cancer or a genetic characteristic associated with a certain medical disorder or disease, state law likely protects you from workplace discrimination related to your condition and your right to reasonable accommodations.
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Types of Claims Our Pasadena Lawyers Can File That Relate to Your Disability
Reach out to our legal team if you’ve experienced one of the following issues related to your disability:
Adverse Actions
State law prohibits your employer from taking adverse action against you because of your disability. An adverse action negatively changes the terms, privileges, or conditions of your employment. Examples of adverse actions include, but aren’t limited to:
- Employment termination
- Demotion
- Failure to hire
- Failure to promote
- Issuing a poor performance review
- Taking away job responsibilities
- Decreasing your pay
If your employer has taken an adverse action against you, it doesn’t mean you have a valid claim. A disability discrimination attorney from Pasadena must prove that the adverse action was taken because of your disability and not for another legitimate reason.
Denial of Reasonable Accommodations
If you have a physical disability, mental disability, or medical condition that is recognized by state law, your employer must provide reasonable accommodations to help you complete essential functions of your job. An essential job function satisfies one of the following requirements:
- You spend a significant amount of your time at work on the task
- Completing the task is the main purpose of your position
- Other employees who are in the same position as you perform the duty
If your disability stops you from performing a task that meets one of the above-listed requirements, your employer is legally required to provide you with the reasonable accommodations you need to perform the given job duty.
Our Pasadena disability discrimination attorneys can take action against your employer if they’ve denied you or retaliated against you for requesting one of the following reasonable accommodations, although this list is not exhaustive:
- Workspace modifications required to improve usability and accessibility
- Part-time or modified work schedule
- Modified equipment or devices
- Alteration of examinations, policies, and training to meet your needs
- An interpreter who can help you communicate with others
- Allowing you to bring an assistive animal
- Changing how you can complete an essential function of your job
- Extra training
- Giving you the option to work from home
- A paid or unpaid leave of absence for your medical treatment or recovery
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Your Employer Is Prohibited From Discriminating Against a Perceived Disability
California law also prohibits your employer from discriminating against you on the basis of a perceived disability. For example, if an employer believes you have poor hearing, issues with eyesight, or another qualifying disability, it’s illegal for them to take an adverse action against you, even if you don’t have such a disability.
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Evidence We Can Use to Prove Disability Discrimination
Whether you’ve been discriminated against for a perceived disability or a condition you actually have, you’ll need a skilled attorney to help you file a claim. A lawyer from our team can use the following forms of evidence to construct a strong claim and demand the damages you’re owed:
- Text messages, emails, documents, memos, and other records that show the offending party’s intent to discriminate against you
- Testimony from co-workers who witnessed the discrimination you endured
- Video footage or audio recordings that expose the discrimination you faced
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Remedies a Disability Discrimination Lawyer from Pasadena Can Fight for
Experiencing discrimination due to a disability or having a request for reasonable accommodation denied can have far-reaching impacts on your life. If you’ve faced one of these forms of unfair workplace treatment, you could be struggling with financial losses, psychological impacts, and other serious consequences.
Fortunately, our disability discrimination lawyers from Pasadena can pursue the following damages to make up for the losses and suffering you’ve been burdened with:
- Front pay
- Back pay
- Emotional distress
- Attorneys’ fees
- Punitive damages, if applicable
Schedule a Free Consultation With a Pasadena Disability Discrimination Lawyer
Dealing with disability discrimination at work can be financially and emotionally devastating. If you’ve faced such mistreatment, you have the right to stand up against your employer and demand compensation. That said, taking legal action can be difficult, especially if you’ve never brought a claim against your employer before.
At Domb & Rauchwerger, our attorneys have experience working as partners for one of the largest employment defense firms in the country. When you hire our team, you’ll get two attorneys who have experience defending Fortune 500 employers from discrimination claims like yours.
We can use our inside knowledge of employment defense tactics to build a strong case against your employer and fight for the damages you’re owed. Contact us today to schedule a free consultation with a Pasadena disability discrimination lawyer to get the experienced legal representation you need to win your case.
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