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Disability Discrimination Attorneys in Long Beach, California
It is not uncommon for employers to disregard disabled people in favor of those who are able-bodied. If this occurs to you, you may be able to sue your employer for damages. As your Long Beach, California disability discrimination lawyers, we are here to assist you.
For a no-obligation consultation, complete the online form. When you do so, we’ll talk about your position and see whether there’s a case to be made. There is a possibility that we can help you.
For California handicap discrimination claims, there are two fundamental types of redress available: job reinstatement and monetary compensation.
In What Ways Are Disabled Employees Safeguarded by Federal, State, and Local Laws?
People with disabilities are protected from discrimination by the Americans with Disabilities Act (ADA), which was implemented in 1990. Qualified workers and job applicants are protected under the ADA, regardless of whether or not they are able to perform the job’s essential functions with or without assistance.
To put it another way, the law bans employers from taking into account a person’s disability when making any kind of decision regarding their employment. This includes everything from hiring and dismissing to paying and promoting. Employees with disabilities must be provided with reasonable accommodations under the Americans with Disabilities Act, which includes providing them with specialized equipment or changing their work schedules or tasks.
Our Long Beach employment law attorneys provide legal representation in the following practice areas:
- Class Actions
- Rest & Meal Breaks
- Sexual Harassment
- Wage & Hour
- Workplace Harassment
- Wrongful Termination
What Exactly Is a Disability?
The ADA defines a disability as any physical or mental impairment that makes it difficult for a person to go about his or her normal daily activities. This includes the ability to walk, see, hear, speak, sit, stand, lift, execute manual jobs, learn, breathe, and look after oneself. Temporary ailments do not qualify as protected disabilities because they are not deemed to be long-term or permanent in nature.
In addition, ADA in 2008 expanded the definition of significant living activities to include major physiological functions. The immune system, normal cell growth, the digestive, colon, and bladder systems, as well as the nervous, brain, respiratory, circulatory, endocrine, and reproductive systems, all fall under this category.
Employees with or without a history of disability are safeguarded under the ADA and California law. If an employee was formerly disabled, an employer can’t discriminate against them in the workplace (e.g. cancer that is in remission). Even though an employee may or may not be disabled, an employer also cannot discriminate against an employee who an employer believes to be disabled.
How Do You Define a “Fair Accommodation” in This Context?
Disability discrimination laws mandate that an employer modify or change an employee’s work environment so that he or she can do their job. The following are examples of reasonable accommodations:
- A change of address;
- A work schedule that can be adjusted as needed;
- Medical treatments may require some time off from work;
- Reducing the number of non-essential job duties;
- Increasing accessibility in the workplace;
- Assisting a worker who is deaf or hard of hearing by providing a reader or interpreter.
Accommodations for disabilities can be denied by employers who can establish that doing so would be excessively costly, extensive, or disruptive to their business. This is vital to keep in mind.
What Is Considered As Disability Workplace Discrimination?
When a disabled person is denied a fair opportunity to further their career because of their disability, this is considered as disability workplace discrimination. Anything that has an unfavorable effect on the working conditions of a disabled employee is, thus, discriminatory.
As part of the application process, employers refusing to hire a handicapped candidate or asking an applicant about their impairment as a condition of accepting a job offer constitutes disability discrimination.
When an employer believes an employee has a disability, but does not know if the person actually has one, the employer is discriminating against the individual.
It’s important to remember that it’s also illegal to harass an employee or applicant because of their disability. A hostile work environment can be created when insults about a person’s disability are made on a regular basis and with such frequency that it qualifies as harassment. Employees with eating disorders may be considered subject to discrimination if their employer decides to terminate them.
Discrimination Against People with Disabilities in California?
All types of discrimination in the workplace are unacceptable at our firm. For those who have been fired, demoted, denied accommodations, or otherwise discriminated against because of their disability, we can help. All of your options will be thoroughly examined and discussed with you. Negotiated settlements are preferred, but we are ready to go to court if a discrimination case cannot be resolved that way. To arrange a meeting, please get in touch with our skilled employment law attorneys in Long Beach at Ricardo Lopez Law, P.C. by calling 213-634-7979 to schedule a free consultation today.
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Do California Employers Have to Provide Sexual Harassment Prevention Training?
At Ricardo Lopez Law, P.C., our sexual harassment attorneys in Long Beach, California know that beginning January 1, 2021, California Legislation mandated private sector employees with five or more employees...