Workplace discrimination is a significant problem in many workplaces in California. Employees affected are mostly those who appear different from what others consider normal. The perpetrators of workplace discrimination are usually employers, supervisors, managers, and other employees. Fortunately, the law prevents workplace discrimination, ensuring everyone has an equal opportunity to work and earn a living regardless of appearance or beliefs. If you are a victim of disability discrimination in your workplace, a skilled sexual harassment lawyer can help you build a case against your employer for compensation.
At Sexual Harassment Attorney, we know that employees throughout California are legally protected against disability discrimination. Under the Fair Employment and Housing Act and the Federal Americans with Disabilities Act, you can sue an employer who has failed to provide a safe or conducive working environment for you. If successful, you can recover compensation for all the damages, including financial compensation for unfair dismissal from work or treatment for stress-related ailments. Thus, we can work with you to establish the credibility of your case and assist you through all legal processes until you obtain a favorable result.
The Legal Meaning of Disability Discrimination
A disability is not something you choose but a reality you must live with. It can be a mental, physical, or emotional condition that affects how you live or perform your daily activities. Although it can affect your ability to earn a living to some extent, some people living with disabilities are working and earning a living in California. However, they must prove their abilities before employers and other people consider them fit to work for pay. This is where the law comes in: to protect all people's rights, including those with a disability. This way, people who are able to work differently can enjoy equal employment opportunities with those who are considered normal.
Disability discrimination occurs when you refuse to look beyond a person’s differences. If a person’s physical well-being is impaired, it does not automatically mean they cannot handle anything that requires physical strength. Sadly, people with a disability, whether physical, mental, or emotional, are considered unfit for anything, including employment. Some employers refuse to give them an employment opportunity based on their disability. Other workers refuse to accommodate or work with them based on their disability. The law against workplace discrimination prohibits this and other forms of discrimination, including workplace harassment due to a person’s disability.
The law requires every employer to take charge of their workplaces and ensure everyone receives an equal chance at work, regardless of their physical, emotional, or mental disability. Employers are liable for any resulting damage if an employee or potential worker is denied an opportunity or suffers harassment due to disability. The law gives victims of disability discrimination the right to file a lawsuit against any employer who does not put necessary measures in place to protect them from discrimination. You can file a lawsuit against your employer even if they are not directly involved in discrimination.
Employers have several ways to adhere to the laws against disability discrimination. For example, they can create accommodating work environments for physically disabled workers. They can also create an equal-employment policy for all people, regardless of disability. An employer can educate those working in their offices or any other part of their company on the need to accommodate and assist workers living with disabilities. They must take stern action against anyone guilty of discriminating against an employee due to a disability. When an employer does not become involved in creating a conducive environment for all their employees, they are equally responsible for any form of discrimination or harassment in their businesses.
How Disability Discrimination Happens in Workplaces
Disability discrimination goes beyond the apparent discrimination and harassment behavior you see or hear about every day. It is not just the mean comments people make when you pass or the scornful look of an employer who realizes that you have a physical disability during an interview. It takes many forms, which a worker with a disability must be familiar with. This way, they can identify discrimination and harassment immediately after it happens and protect their rights before they lose more than they can afford. Here are common forms of disability discrimination that the state and federal laws prohibit:
Discriminatory Hiring Practices
This is a prevalent form of disability discrimination whereby some employers refuse to hire an employee with any form of disability. This can happen when you qualify for a job in every other way but are not considered fit for employment because of your disability. The law requires employers to make reasonable accommodations for disabled workers to ensure they perform the jobs they qualify for with minimal struggle.
Pre-Employment Medical Requirements
Some employers require candidates seeking employment to answer inappropriate or discriminatory questions about the possibility of having a disability during a recruitment process. Workers with the qualifications needed for a particular job deserve consideration regardless of their disability.
Failing to Accommodate Workers With Disabilities
The law requires employers to provide reasonable accommodations for all workers, including those with disabilities. If an employer hires a worker with a particular disability, they must adjust their workplace or job duties to enable the worker to perform their duties effectively. For example, an employer can provide an assistive device, make their workstations accessible, or adjust schedules accordingly. Failure to provide accommodations is a severe violation of the laws against workplace discrimination.
Unfair Performance Evaluations
Employers must be fair when evaluating employees and only base their evaluations on performance other than an employee’s disability. Negative performance evaluations of employees because of their disabilities are unlawful.
Additionally, it is unlawful for an employer to pay a lower salary to an employee because of their disability. All employees must be paid according to their job description and performance. If an employer performs well, they deserve equal pay with their colleagues, regardless of their disability.
Workplace Harassment and Hostility
Employers must keep their workplaces safe for all employees and act quickly if there are reports of harassment and hostility. An employee with a disability has the right to enjoy a conducive workplace. They should not have to endure discriminatory remarks, actions, or jokes from their employer or colleagues.
Unfair Terminations or Demotions
Losing your job or position because of a disability is unlawful in California. Employers must not be quick to terminate or demote employees because of a disability if they perform their duties effectively.
Reasonable Accommodation and Workplace Disability Discrimination
One way employers can avoid disability discrimination lawsuits is by providing reasonable accommodations for disabled workers in their workplaces. A reasonable accommodation is an employer's adjustment to enable a particular employee to perform their duties effectively. Remember that a disability can cause challenges and limitations that could prevent you from being effective in a working environment. However, a few adjustments can eliminate those limitations and challenges, making you as productive as everyone else in your job. The kinds of adjustments an employer needs to make will depend on the disability an employee has and their job duties.
However, employers' adjustments should be reasonable. State laws are usually lenient and flexible when determining reasonable accommodation matters. The law encourages employers to consider all reasonable adjustments employees need, provided they do not cause the company or employer undue hardship. The employer must also consider employee preferences when determining the best accommodations. However, the employer has absolute discretion when selecting the most effective accommodations for an employee with a disability.
However, it is unlawful for an employer to choose accommodation that will create challenges for the employee when performing their duties. The accommodations must also not put the employee at risk of harm or affect the health or comfort of other workers. Generally, here are examples of reasonable accommodations an employer must provide for an employee with a disability:
- Improving their accessibility to existing facilities within the workplace
- Restructuring their job functions
- Assigning employees to vacant positions
- Altering an employee’s work schedule
- Changing the way an employee performs their job duties
- Allowing employees to bring an assistant to work, like a service animal
- Allowing extended leave for employees if they need time to recover or receive treatment
Employees can reject what an employer offers as a reasonable accommodation if it does not suit their needs and preferences. The law also protects employees against retaliation by employers if they request additional accommodation or take action against an employer for discrimination.
Medical and Physical Conditions Protected by the Law Against Discrimination
Disability is a broad term referring to all conditions (physical, mental, social, or emotional) that affect your ability to perform some duties effectively. California Fair Employment and Housing Act and Americans with Disabilities Act do not have a conclusive list of physical and medical conditions classified as disabilities for which employees need protection against discrimination and harassment. The conditions covered under this law are generally referred to as legal disabilities. However, they do not include all physical and psychological issues that impact your working abilities. These laws mainly protect employees who have particular medical ailments, mental disabilities, and physical disabilities.
Most cosmetic disfigurements, anatomical issues, and other physical conditions are classified under physical disabilities. However, you must establish the following before filing a lawsuit against your employer for workplace disability discrimination:
- That your condition limits your main life activities
- It affects a significant body system, like speech, reproductive, skin, endocrine, cardiovascular, or musculoskeletal systems.
- The condition has caused you a physical impairment, anatomical loss, or cosmetic disfigurement.
Here are examples of specific conditions the disability law covers:
- Impaired mobility that necessitates the use of a wheelchair or a similar device
- A chronic or episodic condition like a heart or circulatory disease, multiple sclerosis, epilepsy, seizure disorder, hepatitis, HIV/AIDS, or diabetes
- A missing limb, loss of function, or one or more limbs
- Blindness
- Deafness
- Cerebral palsy
Some medical conditions are covered under the Disabilities Act, especially those that put you at risk of medical problems. Examples include the following:
- Post-traumatic stress disorder
- Obsessive-compulsive disorder
- Autism and related disorders
- Clinical depression
- Intellectual or cognitive disorders
- Some learning disabilities
- Emotional and mental illnesses
- Schizophrenia
What a Workplace Discrimination Attorney Can Do For You
You should talk to a skilled attorney if you feel that an employer or colleague has or is discriminating against you due to your disability. This should happen immediately after you are denied an opportunity you qualify for due to your disability, you realize that you receive lower pay than the rest of the team, or you are demoted or terminated due to your disability. An attorney will review your case and any evidence you provide to advise you on the best approach for justice and to recover damages. They will also investigate your case to gather more evidence and determine the best methods for a favorable resolution.
Working with an attorney improves your chances of obtaining a reasonable outcome. Remember that they understand the laws against workplace disability discrimination better than you do. An experienced attorney who has handled seminal cases will also know the right approaches and strategies to obtain the best outcome in your case. They will advise you on your rights and options and help you build a solid case against your employer for compensation. Here are some of the ways an attorney can help in a disability discrimination case:
Investigating Your Discrimination Claims
Remember that workplace disability discrimination takes many forms. People who discriminate against others do not do it openly in most cases, making it difficult for a victim to know about the discrimination right away. An employer can deny you a job opportunity based on your disability but will quickly look for an excuse to cover it up. Colleagues can make fun of your disability in the disguise of harmless jokes for a very long time. Employers who pay workers with disabilities less than other workers do not do it openly.
It helps to involve an expert in such legal matters to investigate the case before taking action against your employer. An investigation will also provide the evidence you need to pursue the matter in a civil court. Your attorney will also review the evidence you provide and what they gather to determine whether your employer violates the workplace discrimination laws.
Guiding You On Your Legal Options
Working with an attorney also helps you make an informed decision after learning about your legal options. There are several options for a victim of workplace disability discrimination. You can quit your job at the place where you are discriminated against and look for another job in more favorable employment. You can also fight back at colleagues discriminating against you by speaking up against it or reporting it to your employer. You can also confront your employer about your challenges while performing your duties.
Your attorney will advise you to try and provide other options if these do not work. For example, they can advise you to fight for your rights in the workplace before filing a case against your employer. In case of a wrongful termination, they can also advise you to settle the matter out of court with your employer before going to court.
Building a Solid Case Against Your Employer
Pursuing compensation against an employer in a civil court is difficult. You have to file a claim with the court and follow other legal guidelines the court provides before the hearing. Your claim must contain the discrimination laws your employer has violated, how they violated them, the damages you suffered, and what you need compensation for. These are some of the issues you could face challenges with, for which an attorney can help.
Attorneys have legal skills to build strong cases, complete with evidence. Your chances of obtaining an upper hand against your employer are higher when you engage an attorney. They know the kind of evidence needed in cases like these. They can also determine your damages and provide accurate information to strengthen your claim.
Representing You in Court
Legal representation in court processes is critical. This is because hearings can be very intimidating. Your employer will hire a lawyer to represent their interests in court. They will have evidence to counter your claims. You need an attorney to represent your interests and fight for what you deserve. They will answer questions on your behalf and present your claim in the best manner possible. This way, you will not incriminate yourself, which could result in an unfavorable ruling.
Find a Competent Sexual Harassment Attorney Near Me
Workplace disability discrimination can affect self-esteem and productivity. It makes it difficult for workers with disabilities to demonstrate their full potential. The law deliberately protects these workers by advocating for safe and conducive environments for all workers. Employers are legally mandated to provide reasonable accommodations to make earning a living possible for workers with disabilities.
If you face workplace disability discrimination in California, you can seek the law’s protection by filing a lawsuit against your employer. At Sexual Harassment Attorney, we help workers like you fight for justice and make unfair employers liable for their actions or inactions. We can review your case to advise you on the best approach to pursue the matter with EEOC or the civil court. We can also help you build a strong case against your employer for compensation. Call us at 800-905-1856 to discuss more.
