Physical Disability Discrimination

Physical 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. Under both federal and California state law, it is illegal for employers to discriminate based on a number of different individual characteristics including physical disability. Despite the fact that anti-discrimination laws have been around for over 50 years, discrimination based on physical disability continues to be a problem in the workplace. Employers who discriminate based on physical disability face serious consequences such as fines and penalties. Furthermore, employers who discriminate may be ordered to compensate their victims. If you or someone you know have been the victim of physical disability discrimination and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Physical Disability Discrimination Lawyer who will review your claim and explain the process for making sure the employer who discriminated against you is held accountable.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, is one of the country’s strongest sets of regulations designed to protect employees against workplace discrimination and harassment. Under FEHA, it is against the law to discriminate against employees based on physical disability. 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 handicap 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.

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

• Asking a job applicant if her or she is disabled or asking about 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
• Harassing an employee on the basis of his or her disability.

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.

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.