Mental Disability Discrimination

Mental disability discrimination occurs when a person is treated less favorably because of his or her mental impairment. Under both federal and California state law, it is illegal for employers to discriminate based on a number of different individual characteristics including mental or physical disability. Despite both federal and state law, disability discrimination remains a problem in the workplace. Mental disability discrimination takes on a number of forms. In some cases, employers refuse to hire qualified candidates or refuse to promote qualified employees for no other reason than their disability. In other cases, harassment of disabled employees is tolerated. Employers who discriminate based on the disability of an employee or job applicant face serious consequences and victims of such discrimination are entitled to compensation. If you or someone you care about has been the victim of discrimination in the workplace based on a mental disability and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Mental Disability Discrimination Lawyer who will review your claim and explain the process for making sure the person who harassed you is held accountable.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, is one of the country’s strongest state laws designed to protect employees against workplace discrimination and harassment. Under FEHA, it is against the law to discriminate against employees based on mental disability as long as the employee is able to perform the essential duties of his or her job. FEHA, however, does not apply to every workplace. It applies only to employers who have at least 5 employees. FEHA is enforced by California's Department of Fair Employment and Housing.

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 impairment as long as the person is able to perform his or her job. In addition, the ADA requires that employers make reasonable accommodations for employees with disabilities.

The law does not cover every type of mental disability. The condition must be an impairment that is a mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, or certain learning disabilities. The impairment cannot be transitory or minor. It must be one that lasts or is expected to last more than 6 months.

There are a number of actions by an employer that if done in a discriminatory manner would be a violation of law. An act of discrimination may occur in relation to one of the following actions:

• Failure to hire
• Termination
• Denial of training
• Failure to promote
• Performance reviews
• Work assignments
• Pay cuts
• Demotions
• Discipline
• Transfers
• Work environment
• Harassment

In addition, it is against the law to ask an applicant questions to determine if the applicant has a mental disability. For example, it would be illegal to ask if the applicant has ever been placed in special education classes, or if the applicant has ever been treated for a mental condition.

If you believe that you are the victim of discrimination based on your disability, you have the right to bring a claim against your employer under state or federal law. You may be entitled to several different types of compensation. For example, as a result if the discrimination, you were wrongfully terminated or constructively discharged, the court may award you back pay including overtime, commissions, merit increase, cost-of-living increases, and tip as well as lost vacation pay, retirement benefits, and health care benefits. You may also be entitled to punitive damages. Punitive damages are awarded in cases where the court finds that the defendant was particularly malicious in his or her discriminatory, harassing or retaliatory actions.

If you or someone you care about has been discriminated against in the workplace based on a mental disability, it is critical that you discuss the specifics of your case with an experienced employment lawyer. 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.