California Disability Discrimination Lawyers
The employment lawyers at the Genie Harrison Law Firm are dedicated to protecting victims of disability discrimination and helping them get the justice they deserve.
Contact us today for a free case evaluation.
(213) 805-5301
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Dedicated California Employment Attorneys Fighting Disability Discrimination
Living with a disability, illness, or injury can be a difficult journey, especially when faced with employment challenges and discrimination at work. If you’re in California, it’s good to know that the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) provide protection for employees with disabilities.
At Genie Harrison Law Firm APC, our team of experienced employment lawyers is dedicated to fighting for the rights of individuals with disabilities. We understand the complexities of disability discrimination and believe that everyone deserves the opportunity to contribute positively to society.
If you’re experiencing discrimination at work due to a disability, don’t hesitate to contact us at (213) 805-5301 for a consultation with one of our knowledgeable disability discrimination attorneys. Let us help you navigate your legal options and protect your rights.
Disability Discrimination in California Employment Law
Disability discrimination in the workplace can take several forms under California law. Typically, there are three types of disability discrimination cases:
(1) when an employer takes action against an employee due to their illness or disability;
(2) when an employer fails to make reasonable accommodations for an employee’s illness or disability; and
(3) when an employer does not engage in a good faith interactive process with an employee to determine if reasonable accommodations are possible.
California’s Definition of Disability under FEHA
FEHA in California protects employees with physical and mental disabilities or medical conditions.
A protected physical disability involves a physiological disease, disorder, or condition that limits a significant life activity.
A protected mental disability involves a psychological disorder or condition that requires special education or limits a significant life activity. An employee with a significant health impairment or a condition due to a genetic characteristic is protected.
An employee with a significant health impairment (for example, cancer or HIV/AIDS) or a condition resulting from a genetic characteristic is considered to have a protected medical condition.
An employer may also consider employees with a history of impairment, perceived impairment, or potential future disability as protected.
Qualifications of an Otherwise Qualified Individual
To be protected under California disability law, employees must be able to perform the essential job functions, with or without reasonable accommodation. This means the employee can perform the primary duties of the position they seek to obtain or retain.
Many factors are considered when determining the essential functions of a job, such as:
(1) whether or not the position exists to perform the function;
(2) the number of employees available to perform the function; and
(3) whether the function is highly specialized.
How do I know if my employer took action against me because of my illness or disability?
Employers rarely admit to refusing to hire or taking action against a qualified individual with a disability. Instead, they may complain about an employee’s need for medical leave or that other employees must cover their work during doctor’s appointments. Employers may also comment that it was easier to work with the employee before they became disabled or affected by a medical condition.
Is the accommodation I need reasonable?
California employers must provide reasonable accommodations for disabled employees, except when it creates an undue hardship. These accommodations help employees perform essential job functions. Reasonable accommodations may include finite medical leave, adjusted work schedule, accessible facilities, or reassignment to a qualified role.
What is a good faith interactive process?
In California, employers must provide reasonable accommodations for disabled employees, unless it creates an undue hardship. These accommodations enable the employee to perform essential job functions. Examples of reasonable accommodations include limited medical leave, adjusted work schedule, accessible facilities, or reassignment to a qualified role.
Can my employer take action against me for requesting an accommodation?
No, it is illegal for your employer to retaliate against you for requesting an accommodation for your disability or medical condition, regardless of whether the accommodation was ultimately granted.
What should I do if I think I am being discriminated against because of my disability and/or medical condition?
If you suspect you are being discriminated against due to your disability or medical condition, the first step is to report the misconduct to your employer. It’s crucial that your employer knows about your qualifying disability and/or medical condition in order for you to have a valid disability discrimination claim. Reporting the misconduct puts your employer on notice of their unlawful actions and may help stop the discrimination from continuing. In some cases, employers may recognize when they have failed to comply with the law and take corrective action.
However, if your employer fails to address your concerns, you may want to consider pursuing legal action. To file a disability discrimination claim in California, you must submit a complaint to the Department of Fair Employment and Housing (https://calcivilrights.ca.gov/) within one year of the wrongful conduct. Once you file with the Department of Fair Employment and Housing and receive a “right-to-sue notice,” you have one year to file a claim in civil court.
What do I need to provide to the Genie Harrison Law Firm for a Disability Discrimination Case Review?
Disability discrimination, failure to accommodate, and failure to engage in the interactive process claims are factually complex. To assess your case, our lawyers will need the following information and documents from you:
- A chronology of events, including all communications with your employer regarding your illness or condition(s), your days off, your leave(s), your requests for accommodation, your requests for FMLA or CFRA leave, and your doctor’s notes;
- All of the emails, letters, and doctor’s notes regarding your condition(s), requests for time off, and your employer’s responses;
- Your job description;
- An organizational chart of the company or employer;
- Your applications for FMLA or CFRA leave, for short-term or long-term disability insurance benefits, for state disability and/or for unemployment; and
- Your medical records.
Providing as much information as possible is crucial to evaluate whether you have a case that the lawyers can take. If you believe that your employer has discriminated against you due to your disability or medical condition, contact us today at (213) 805-5301 for a free consultation. Our experienced employment attorneys can help you understand your legal rights and options.
Contact Us for a Free Case Evaluation
If you suspect that your employer is discriminating against you because of your disability or illness, you may have a valid claim. Disability discrimination cases are complicated and require careful examination. Contact the Genie Harrison Law Firm for a free case evaluation with a disability discrimination lawyer. We can help you determine if you have a viable claim and guide you through the legal process.
MOBILE APPS
Read about the mobile apps created by Genie Harrison to help victims of disability discrimination at work.
