Disability Discrimination
Employees with disabilities are protected from discrimination in the workplace under federal and California law. Employers generally cannot discriminate against qualified employees because of a disability when making decisions about hiring, firing, promotions, compensation, job assignments, or other terms of employment.
If you believe you have experienced disability discrimination at work, disability discrimination attorneys in Los Angeles can help you understand your rights and the legal protections that may apply to your situation.
The Americans With Disabilities Act
The Americans With Disabilities Act (ADA) was passed in 1990 to protect disabled workers and their immediate family members from discrimination and harassment at work. Employers often believe disabled employees cannot handle the same roles and responsibilities of nondisabled employees, so this legislation is incredibly important to ensure disabled individuals are treated equally.
Under the ADA, employers cannot take an employee’s disability into consideration when making any decisions related to hiring, firing, promoting, wage determinations, or job benefits. This is a federal law that applies to all employers with fifteen or more employees.
The two laws also disagree when it comes to defining a “major life activity.” The FEHA includes work as a major life activity, meaning if your disability limits your ability to work a job, you qualify as a disabled person under this law. However, the ADA does not have work listed as a major life activity, so you must be able to show how your disability limits your ability to perform other activities outlined in the ADA.
Finally, the FEHA and ADA have different processes for evaluating an individual to determine whether he is disabled or not. The ADA requires a disabled person to take an evaluation in a mitigated state. For example, if an employee who was hard of hearing were to be evaluated following the ADA’s guidelines, he would be required to wear a hearing aid at the time of the evaluation. This type of mitigation is not required under a FEHA evaluation.
The FEHA allows permits individuals to file a disability discrimination suit if their employer has discriminated against them because of a perceived disability, even if it doesn’t exist. This is not allowed under the ADA. Overall, disabled individuals will find it is much easier to gain protection under the FEHA than it is under the ADA. If you are having difficulties navigating these laws, reach out to our disability discrimination lawyers in Los Angeles.
California Fair Employment and Housing Act
Employees in California are protected by both the ADA and the Fair Employment and Housing Act, which is a state law. The FEHA offers discrimination protection to a much broader range of disabled employees than the ADA does. The ADA does not allow you to file a disability discrimination suit unless your disability “substantially” limits a major life activity. On the other hand, the FEHA only requires that your disability limits a major life activity, regardless of the extent of the limitation.
If Your Rights Are Violated
Experiencing discrimination because of a disability can affect your employment, income, and ability to perform your job. If you believe your employer has discriminated against you, it is important to document what happened and preserve relevant communications and employment records.
A disability discrimination lawyer in Los Angeles can review the circumstances of your case and help you understand your potential legal options. Depending on the facts, you may have claims involving discrimination, failure to accommodate, failure to engage in the interactive process, harassment, or retaliation.
The Right to Reasonable Accommodations
Employees with qualifying disabilities may have the right to reasonable accommodations that allow them to perform the essential functions of their jobs. Depending on the circumstances, accommodations could include modified work schedules, changes to workplace equipment, additional leave, job restructuring, or other adjustments.
For example, an employee with a mobility impairment may need an accessible workspace, while an employee undergoing medical treatment may need a modified schedule or additional time away from work.
Employers generally must engage in an interactive process with an employee who requests an accommodation or when the employer becomes aware of a potential need for one. An employer may not be required to provide an accommodation that would create an undue hardship, and the appropriate accommodation depends on the employee’s circumstances and the essential functions of the position.
If your employer refuses to consider a reasonable accommodation or fails to engage in the interactive process, disability discrimination attorneys in Los Angeles can help you evaluate whether your rights may have been violated.
