San Diego Disability Discrimination Lawyer
Each person has the right to work without discrimination, including individuals with disabilities. No one should be subjected to disability discrimination in the workplace.
The San Diego disability discrimination lawyer of Ferraro Vega Employment Lawyers stands up for the rights of disabled employees throughout Southern California. Our legal team fights for respect and fair treatment in the workplace for any person with a disability.
Call our San Diego, CA law office at (619) 693-7727 to schedule a free consultation to discuss your case. Our San Diego employment law attorneys are standing by.
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How Our San Diego Discrimination Lawyers Can Help if You’re the Victim of Disability Discrimination
Our San Diego employment attorney has extensive experience handling these types of cases. We fight for the rights of employees who have physical or mental disability.
We understand how employers defend themselves because we used to represent employers.
Our San Diego, CA lawyers use their inside knowledge for our clients’ benefit. Our attorneys have received numerous awards for their dedication to their clients, including recognition as a “Rising Star” by Thomson Reuter’s Super Lawyers. This professional distinction is shared by less than 2.5% of attorneys under the age of 40.
When you hire our legal team, you can expect us to:
- Treat you and your case with the attention and respect you deserve
- Investigate the allegations of discrimination fully
- Interview witnesses and search for evidence proving the employer violated federal or state discrimination laws
- File all documents with government agencies and the court to protect your legal rights
- Aggressively pursue maximum compensation for your damages
We understand that you have been through a difficult and challenging experience. Our San Diego disability discrimination attorneys provide support and guidance as you fight for the right to work without fear, harassment, or discrimination.
Contact our law firm to schedule your free consultation with one of our employment law attorneys in San Diego, California.
How Common Does Disability Discrimination Occur?
Disability discrimination occurs more frequently than many people believe. Employers often discriminate against employees due to a mental disability or physical disability. The discrimination is sometimes subtle and could be difficult to prove without an experienced employment law attorney.
The good news is that California law and federal law protect workers from discrimination based on a disability. You could have a disability discrimination claim under one or more laws, depending on the facts of your case.
Examples of Disability Discrimination in the Workplace
Disability discrimination can take many forms. Whether the discrimination is subtle or outright, disability discrimination is illegal.
Some common forms of workplace disability discrimination include:
- Refusing to hire an applicant based on a disability
- Harassing an employee with a disability
- Failing to provide reasonable accommodations for a disability
- Refusing to promote an employee based on a disability
- Demoting an employee because of a disability
- Basing job assignments, job duties, pay, leave, benefits, and other employment-related issues on a disability
- Failing to grant someone leave under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA)
- Requiring job applicants to take a medical exam before offering them a position
- Inquiring about a job applicants medical history or conditions before offering a job
- Creating or maintaining a workplace that purposefully makes it impossible or challenging for a person with a disability to move around
A person might encounter other forms of disability discrimination based on the employer, the job, and their disability.
California Fair Employment and Housing Act
There are several protections for disabled individuals under the California Fair Employment and Housing Act (FEHA). For instance, employers cannot ask questions about a person’s medical history and health during an interview or application. However, the employer can inquire whether an applicant can perform specific tasks related to job duties.
Disability discrimination laws were created to protect individuals with physical, physiological, or other conditions that impact major life activities. These laws can even protect individuals who are not disabled if an employer believes they have a disability and acts upon that assumption unlawfully.
Examples of conditions that generally meet the definition of a disability include, but are not limited to:
- Epilepsy
- HIV/AIDS
- Cancer (either current or in remission)
- ADHD/ADD
- Clinically diagnosed depression
- PTSD
- Diabetes
- Learning disabilities
- Mental impairments
- Temporary physical conditions, such as broken leg or pregnancy
- Paralysis
- Hearing or vision impairments
The primary federal law that protects against disability discrimination in the workplace is Title I of the Americans With Disability Act (ADA). The Act provides overlapping protection in some cases. Deciding whether to file under state or federal laws can be complicated. An experienced disability lawyer can determine which is the best option based on your situation.
Reasonable Accommodations for Employees with Disabilities
One of the most common complaints of disability discrimination is failing to provide reasonable accommodations. For example, an employer and an employee may disagree over whether an accommodation is reasonable.
The interactive process begins when an employee tells an employer they need reasonable accommodations for a disability. State law requires the employer to work with the employee to select an appropriate accommodation.
Reasonable accommodations could include:
- Supplying modified devices to perform job duties
- Adjusting work schedules
- Allowing an employee to work from home
- Providing an interpreter
- Reassigning to an available position
- Allowing an employee to take medical leave
- Adjusting work hours
The accommodations must be reasonable. If they are overly burdensome, the court may not require the employee to agree to the accommodation.
Schedule a Free Consultation With San Diego Disability Discrimination Lawyers
You have rights. Do not allow an employer to bully you into believing that there is nothing you can do to stop disability discrimination. The law protects you and provides compensation for damages when an employer breaks the law.
Contact us to learn more about a disability discrimination claim or wrongful termination claim. Your initial consultation with a San Diego employment law attorney is no cost to you.
