Disability Discrimination Attorney In Southern California
Facing Disability Discrimination In The Workplace?
Under both state and federal laws, applicants and employees with disabilities have certain legal rights that were designed to ensure that they are treated fairly by employers. When an employer violates these rights, disabled individuals can pursue legal recourse. If you or your loved one has been a victim of disability discrimination, then allow our firm’s Southern California employment lawyers to help you understand your rights, legal options and what we can do to protect your well-being.
What Constitutes A Disability?
In order to pursue a claim for disability discrimination, either during the hiring process, employment or termination, it must be shown that the applicant or employee is a qualified individual with a disability. Qualified individual means that an applicant or employee is capable of performing the essential functions of the position, with or without reasonable accommodations. Protections may apply to individuals who currently suffer from a disability, have a history of disability or are perceived to have a disability by an employer.
In order for a physical or mental impairment to be considered a disability, the impairment must limit a person’s ability to perform major life activities such as:
- Caring for themselves
- And much more
The Americans with Disabilities Act (ADA) of 1990 protects the rights of qualified applicants and employees with disabilities. Under the legislation, covered entities, which include private employers, are required to provide qualified disabled applicants and employees with reasonable accommodations that do not pose undue hardships to the employer.
Pursuing A Claim
Filing a successful disability discrimination claim depends largely on the facts involved in a case. Whether claims are made under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA), individuals must meet the definition of being a qualified individual with a disability. Although traditional disabilities, including blindness and impaired speech, are common examples, other disabilities may also include “invisible” disabilities or medical conditions. If an employer believes that an applicant or employee has a disability, they will also be subject to disability discrimination laws on the basis of a perceived disability.
“Invisible disabilities” or medical conditions may include:
- Learning disabilities
Aside from demonstrating that the applicant or employee meets the relevant disability definition, claims must also establish that an employer is subject to these laws (which includes private employers). Moreover, the claimant and his or her Southern California employment lawyer must also show that the disabled individual was capable of performing essential job duties with or without reasonable accommodations and that an employer committed a violation because of the individual’s disability.
Discuss Your Needs With A Southern California Employment Lawyer
Claims filed for disability discrimination and other failures to respect the rights of disabled applicants and employees are heavily influenced by the unique circumstances involved. Our firm encourages victims of disability discrimination throughout Southern California to request a free case evaluation to discuss the particularities of a case. At Diefer Law Group, P.C., we focus exclusively on employment law and provide each client we serve with personal attention, bold advocacy and an unyielding level of commitment.