Threats or Violence Based on Disability

Harassing or bullying an employee in the workplace because the employee has a disability is a type of discrimination in violation of federal and California state law. Disability harassment in the workplace is conduct that is hostile, belittling or shows aversion toward a person because of that person’s disability. While in some cases harassment involves teasing or sabotaging work, in other cases the harassment is taking to an extreme and involves threats of violence or actually violence. The obvious result is a hostile workplace. Despite the fact that anti-discrimination laws have been around for decades, discrimination and harassment based on physical disability continues to be a problem in the workplace. Employers who harass or tolerate harassment based on an employee’s disability face serious consequences such as fines and penalties. Furthermore, employers who harass employees based on disability may be ordered to compensate their victims. If you have been the victim of threats or violence in the workplace based on your physical disability and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Threats or Violence Based on Disability 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 disability. Actions that are prohibited include threats or violence against an employee based on disability. FEHA is enforced by California's Department of Fair Employment and Housing.

In addition, 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.

Threats against disabled employees occur in many different forms. In some cases, the threats are obvious, while in other cases the threats are somewhat veiled. Examples include:

• Threatening words. Verbal threats of violence against disabled employees.
• Threatening cartoons and images. Cartoons or pictures depicting violence against disabled people would also amount to a threat of violence.
• Threatening objects. Leaving objects that are associated with violence in a place where a disabled employee would see them.
• Threatening mannerisms. Threatening mannerisms include actions that could reasonably be interpreted as a threat. For example, raising fists in a threatening manner.
• Bullying. Bullying that includes threats of violence.
• Hiding assistive equipment. Hiding a walker, crutch, or other assistive device that the disabled person needs for mobility, resulting in the person suffering an injury, may be considered an action of violence.

If you are the victim of threats or violence at work based on your physical 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, the court may award you back pay including overtime, commissions, merit increase, cost-of-living increases, and tips 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.

In addition, your employer may be required to implement new policies to help prevent harassment and other discriminatory actions in the future.

Threats and actual violence may also amount to crimes. Thus, the person who threatened you or hurt you may be subject to criminal prosecution.

If you have been the victim of threats or violence in the workplace based on your disability, it is critical that you discuss the specifics of your case with an experienced employment lawyer. Harassment is a type of illegal employment discrimination. 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 a variety of employment related cases including wage-and-hour claims, employment discrimination and other employment law violations. 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.