Your Employer Has Discriminated Against You Because Of Your Disability
It is very difficult to live with a disability. Some disabilities are temporary, and some are permanent. But whatever the duration, disabilities can and most often do present many challenges for those disabled persons in the workplace. Those challenged by disabilities should not be denied the opportunity to work, and to advance, in the workplace because of their disabilities. We all have the right to be treated equally in the workplace based on our talents and should not be judged by our mental or physical conditions that play a role in our lives.
Most frequently, an employee can perform the essential functions of his or her job with a reasonable accommodation from the employer. These reasonable accommodations can take many forms and are usually developed in what’s called an “interactive process” of communication between the employer, the employee and the employee’s health care providers. With reasonable accommodation and fair treatment, people with disabilities can work at a very high level.
Unfortunately, workplace discrimination against these individuals is still prevalent today. Employers are frequently not interested in working with a disabled person to allow the employee to continue working. When the employer gets impatient and does not wish to make any effort to assist the employee, the relationship between the employee and the employer can get strained and in some cases breakdown completely.
San Francisco, Alameda And San Jose Disability Discrimination Lawyers
In California, employees are protected against discrimination and harassment on the basis of actual or perceived disability. The San Francisco disability discrimination attorneys at The Law Offices of Daniel Feder have represented hundreds of disabled people in achieving access and/or compensation when they have been treated unlawfully. We have recovered millions of dollars for disabled workers who have not been accommodated, or who have been terminated because of their disabilities.
If you have a disability or serious illness, and your employer has refused reasonable accommodation or you have been the victim of unfair treatment due to your disability, you may be able to bring a legal claim for compensation and The Law Offices of Daniel Feder can handle your disability discrimination case.
What Is A Disability Covered Under The Law?
In California, you are considered disabled if you have a condition that limits one or more major life activities, i.e., the condition or disability limits (makes more difficult) your ability to engage in a major life activity. These activities include many activities such as breathing, seeing, walking, caring for yourself, and working. They can also include socializing, reading, eating, digesting, hearing, speaking, etc.
Disabilities can be physical or mental such as developmental disorders, organic brain syndrome, bipolar, depression, anxiety, and emotional or mental illness or specific learning disabilities. They can be readily apparent such as being wheelchair-bound, blindness, disfigurement, or having an amputated body part. They can also include heart problems, high blood pressure, strokes, diabetes, breathing difficulties, depression, anxiety, gastrointestinal difficulties, sleep apnea, etc.
To be a disabling condition under the law, a disability or limitation must be or be perceived as chronic or permanent (the exception being pregnancy disabilities, which are covered under separate laws). Temporary disabilities may provide for leave under the California Family Rights Act for the Family and Medical Leave Act.
At The Law Offices of Daniel Feder, we specialize in all forms of disability discrimination. Disability discrimination cases frequently also involve issues relating to medical leave. If you are disabled, or have not been accommodated, and believe that your rights have been violated because of your disability, you should take advantage of our no win, no fee guarantee to assure you that we will provide you with unsurpassed legal service. Call us now at 415-391-9476 for your free case evaluation.
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What Are Your Legal Rights As A Disabled Person?
A disabled person who is otherwise qualified to perform the essential job functions of a job, with or without accommodation from the employer, must be treated equally by the employer with all other applicants and/or employees in the same or comparable position. Employers cannot terminate, demote, harass, intimidate, or unfairly criticize an employee because of that employee’s disability. These negative actions by the employer all considered to be adverse employment actions and are illegal.
Essential job functions are those core job functions and duties that the position requires and which the employee must perform to execute the position for which the employee was hired. For example, a truck driver must be able to drive. Airline pilots require visual ability as a bona fide occupational qualification. If a person cannot perform the essential functions of her/her job with reasonable accommodations, then the employer is not required to continue to employ the person and may legitimately terminate the employment relationship. But this is a rare situation. In almost all cases, the employee can continue to perform the job with reasonable accommodations. So, if your employer has stated that you cannot continue working due to a disability you suffer from, don’t take their word for it. Contact an experienced attorney at The Law Offices of Daniel Feder, we are amongst the best disability discrimination lawyers in San Francisco, Alameda, Marin, Santa Clara, San Mateo, Sacramento Counties.
What Are Employer Accommodations Of A Disability?
An employer accommodation of a disability is some tool, device, equipment, assistance and/or modification of a nonessential job function that makes it possible for a disabled person to perform essential job functions of his or her job. Examples include equipment, electronic or manual readers for sight-impaired people, TTD devices for deaf people, lifting devices, support from co-workers in executing tasks, sign language interpreters, modification to facilities and workstations access, flexible schedules, short term leaves, telecommute agreements, restructuring of nonessential job functions, and allowing time for medical appointments.
These are just some examples of accommodations an employer might be required to make. There are many others. If you believe that you can do the job, but just need some support, then the solution is to get the accommodations that the employer is legally required to make.
If you have a disability or a serious medical condition, your employer’s failure to accommodate is a violation of your rights. Do not wait to get help. It is critical that you seek the legal advice of a highly trained disability advocate to fully understand your position, to assert your rights, and to develop options. We invite you to contact our San Francisco disability discrimination lawyers to discuss your matter during a free initial consultation.
Advocating For Disabled Employees In California
At The Law Offices of Daniel Feder, we provide strong support for disabled individuals who have faced discrimination because of disabilities in the workplace. We will carefully analyze your situation, get information about your disability, and develop a plan of action for making sure that your rights as a disabled worker are protected. Attorney Feder has more than 25 years of legal experience in disability discrimination law and is well-known throughout the San Francisco, Alameda and San Jose areas for his compassionate representation of persons with disabilities and his ability to get results in disability discrimination and failure to accommodate cases.
Understanding Disability And Discrimination Laws
Both California and federal law provide protection for employees with disabilities. The federal law is called The Americans with Disabilities Act (ADA). Its definition of a disability and requirements for accommodation apply to every employer of a certain size. The California’s Fair Employment and Housing Act (FEHA) is the State counterpart to the ADA. It also requires qualified employers to make reasonable accommodations to help employees with disabilities perform their jobs.
Under both the ADA and FEHA, it is illegal for an employer to discriminate against an employee with a disability when making decisions regarding promotions, raises, medical leave and termination. These behaviors are unlawful and should not go unchecked. If you don’t stand up for your rights as a disabled person, your employer will continue to discriminate against others.
These laws are complex. Employers often find gray-areas to defend themselves against disability discrimination claims. They argue that they had no knowledge of the persons disability, that they didn’t receive requests for modified duties from the employee’s doctor, and that their actions had nothing to do with the employee’s disability. These are all usually just tricks to dishonor your rights. The Law Offices of Daniel Feder has experience uncovering the presence of these tactics and combatting them. We interview the right witnesses, collect the right information, and know what documents to ask for. We know how to collect the right evidence to prove discrimination.
Learn more about the common types of disabilities and serious illnesses that are often associated with workplace discrimination cases.
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