Workers with physical and mental health disabilities should be treated fairly and equally at work. At Ricardo Lopez Law, we know that both state and federal law provide protections for employees who have disabilities, and we know that employers are required to offer reasonable accommodations. Our Los Angeles ADA & disability discrimination attorneys regularly stand up for the rights of disabled workers and fight to secure compensation when they are wronged by their employer.
Disability discrimination is when a person with a disability is treated less favorably than a person without the disability in the same or similar circumstances.
For example, it would be ‘direct disability discrimination’ if a nightclub or restaurant refused a person entry because they are blind and have a guide dog
It is also disability discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people with a particular disability.
This is called ‘indirect discrimination’.
For example, it may be indirect disability discrimination if the only way to enter a public building is by a set of stairs because people with disabilities who use wheelchairs would be unable to enter the building.
I. A physical disability is generally one which impairs a person’s movement or negatively impacts their ability to engage in certain “primary life activities.”
II. Although there are exceptions, it is usually quite easy to determine if someone has a physical disability because they will often rely on equipment to help them address their disability. An example of such equipment would be a wheelchair.
Medical disabilities may just sound like another term for physical disabilities.
Specifically, medical disabilities tend to be less easy to notice than physical disabilities. They may consist of health conditions whose symptoms don’t always manifest but can nevertheless impact one’s ability to perform certain work tasks or personal day-to-day tasks. For instance, someone may have a medical disability if they have a cardiovascular condition.
Mental health conditions that can affect one’s ability to participate in primary life activities may include (but are not necessarily limited to) schizophrenia, depression, bipolar disorder, etc.
In California, around 24% of adults (over 7 million people) live with some sort of disability. According to a 2018 Disability Status Report, 37.1% of working-age (21-64) adults with disabilities in California were actively employed, and another 8% were actively looking for employment. That amounts to well over two million disabled adults currently in the California workforce, with over half a million more searching for work. If you have a disability and work or are looking for employment, how to request accommodations and combat disability discrimination is vital – and that’s just what today’s blog is all about.
Choose Ricardo Lopez Law for your disability discrimination lawyer in Los Angeles for unparalleled expertise and dedicated advocacy. With a proven track record, we champion the rights of individuals facing discrimination, ensuring justice is served. Our deep understanding of disability laws empowers us to navigate complex legal challenges seamlessly. We prioritize your needs, providing personalized guidance and fierce representation throughout the process. At Ricardo Lopez Law, we are committed to fostering an inclusive society by fighting against discrimination, securing rightful accommodations, and obtaining rightful compensation. Trust us to stand by your side, creating a path towards equality and empowerment.
At Ricardo Lopez Law, we offer comprehensive assistance as your disability discrimination lawyer in Los Angeles. Our seasoned team specializes in addressing diverse discrimination cases, ensuring thorough understanding and effective representation. We guide you through legal complexities, from initial consultation to strategic action, advocating relentlessly for your rights. With deep-rooted knowledge of disability laws, we tailor solutions, negotiate on your behalf, and litigate if necessary, aiming for optimal outcomes. Count on us for compassionate support and a resolute commitment to justice, as we work tirelessly to eradicate discrimination, secure rightful accommodations, and secure the compensation you deserve.
Discrimination takes many different forms and can happen to anyone at any time. Some of the most common types of disability discrimination our Los Angeles disabilities attorneys have helped fight include:
If you have been discriminated against based on disability, our Disability Discrimination Attorney Los Angeles can assist you. Call us at 1 213-634-7979 or fill out the contact form on this page to set up an initial consultation with one of our Los Angeles disability discrimination attorneys and find out more about how we can help.
Proving disability discrimination in Los Angeles requires establishing key elements. First, demonstrate you have a qualifying disability as defined by law. Second, show that you were subjected to adverse treatment or actions due to your disability. Third, provide evidence of a link between your disability and the discriminatory treatment. Document incidents, gather witnesses, and preserve communication. Consult experienced legal counsel like Ricardo Lopez Law to navigate complexities. With expertise in disability discrimination cases, we’ll help gather and present compelling evidence, ensuring your rights are upheld and justice is pursued effectively within the legal framework.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications, and access to state and local government’ programs and services. As it relates to employment, Title I of the ADA protects the rights of both employees and job seekers.
An individual with a disability is a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment. Major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Under the ADA, a qualified individual with a disability is an individual with a disability who meets the essential eligibility requirements for receipt of services or participation in programs or activities. Whether a particular condition constitutes a disability within the meaning of the ADA requires a case-by-case determination
What are the Most Common Forms of Disability Discrimination? Refusing to Hire a Job Applicant Based on Their Disability. Firing or Demoting an Employee Because of Their Disability. Failing to Give Disabled Employees the Same Opportunities. Harassing an Employee Based on Their Disability.
The legal definition may be broader than you think. For example, under California law, you are protected if you:
Have any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that limits your ability to participate in major life activities such as working, talking, walking, hearing, seeing or learning. Examples include HIV/AIDS, hepatitis, epilepsy, diabetes, and multiple sclerosis.
If your employer perceives you to have a physical impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.
Have a history of a medical condition or impairment such as cancer that is in remission.
Have a permanent or even temporary physical or mental impairment, including a condition that may last six months or less such as a broken leg, clinically diagnosed depression, stress or anxiety, pregnancy, ADHD/ADD, etc.
If you believe that you are unfairly discriminated against as a result of a disability, it is important to begin recording any instances of discrimination, particularly if you are being discriminated against by your employer – you might not be the only one experiencing these adverse actions. Class action lawsuits are one of the most effective ways to recover compensation for these types of cases. To learn more about this option, please contact a Los Angeles disability discrimination lawyer at Ricardo Lopez Law.
Employees experiencing adverse actions should exhaust any internal or interactive processes in an attempt to resolve any reasonable accommodation or disability discrimination issues, discussing the specific accommodations they feel they should receive from their employer. Take careful notes as this kind of direct evidence can be key in any later discrimination claims filed in court. If you are the victim of workplace retaliation based on a disability, contact us today.
If you’ve suffered illegal discrimination due to a disability, Ricardo Lopez Law is here to help. Our nationally recognized attorneys are dedicated to getting disability discrimination victims the justice they deserve.