Disability Discrimination

Disability discrimination in the workplace occurs when a person is treated less favorably than another person in a similar situation because of his or her disability, perceived disability, or association with a person with a disability. Such discrimination can be based on a physical disability or a mental disability. Under both federal and California state law, it is illegal for employers to discriminate based on a number of different individual characteristics including disability. Despite the fact that anti-discrimination laws have been around for decades discrimination based on disability continues to be a significant problem in California workplaces. Employers who discriminate based on disability face harsh financial consequences such as substantial fines and penalties. Furthermore, employers who discriminate may be ordered to compensate their victims. If you or someone you love has been the victim of disability discrimination and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Disability Discrimination Lawyer who will review your claim and explain the process for making sure the employer who discriminated against you is held accountable.

Anti-discrimination Laws

California’s Fair Employment and Housing Act (FEHA) is one of the country’s strongest set of regulations designed to protect employees against workplace discrimination and harassment. Under FEHA, it is against the law to discriminate against employees based on a number of individual characteristics including disability. FEHA is enforced by California's Department of Fair Employment and Housing.

Similarly, the Federal Americans with Disabilities Act (ADA) makes it illegal for private employers as well as governmental employers and labor unions to discriminate against an employee based on his or her physical or mental handicap.

Actions that May Show Disability Discrimination

There are a number of actions that may amount to physical or mental disability discrimination, including:

• Asking a job applicant if her or she is disabled or asking the severity of his or her disability
• Failure to accommodate for special needs, or maintaining a workplace that includes substantial physical barriers to the movement of people with physical disabilities
• Failure to hire a capable employee due to his or her disability
• Discharging a disabled individual for requesting accommodations
• Discriminating on the basis of physical or mental disability in other aspects of employment besides hiring and firing such as recruitment, training, job assignments, promotions, compensation, benefits, and leave
• Co-workers regularly stealing lunch from an employee with an intellectual disability
• A manager referring to an employee with an intellectual disability as “retarded”
• A co-worker routinely sabotaging the work of an employee who has a mental disability

Reasonable Accommodations

An employer would have violated the requirements of the ADA and FEHA if it fails to make reasonable accommodations for employees with disabilities. Under the ADA and FEHA, such accommodations include:

• Accommodations for wheelchairs, walkers, medical equipment- e.g. the workspace must be configured such that a wheelchair can be easily manipulated in the workspace
• Appropriate physical structures such as ramps, wide doors, open space, handrails
• Restrooms that are accessible for wheelchairs or that have handrails
• Modification of schedules to accommodate employees
• Allow time for convalescence
• Transfer or reassign disabled employees to appropriate open positions

However, the type of accommodation that an employer must make depends of the type of disability the employee has, the type of employer and requirement’s of the employee’s position.

It is important to understand that the employee who suffers a disability must be able to perform the essential work duties with reasonable accommodations. Essential duties are those that are part and parcel of the job, but not duties that are only peripheral to the job.

Remedies for Disability Discrimination

If you have been discriminated against in the workplace because of your disability, you have the right to file a claim. An employer who is found to have illegally discriminated will face significant financial consequences, including:

• Paying you lost wages, benefits, and other out-of-pocket costs
• Paying punitive damages
• Reinstating you if you were wrongly terminated or promoting your if you were improperly passed over
• Providing reasonable accommodation
• Paying your attorney’s fees
• Implementing new policies so that such discrimination will not happen in the future

Los Angeles Disability Discrimination Lawyer

If you believe that you suffered workplace discrimination based on your disability, it is critical that you discuss the specifics of your case with an experienced employment lawyer. Employment discrimination based on disability is illegal. Not only may the discriminating party face serious consequences, you may be entitled to compensation such as back pay and punitive damages. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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