Types Of Disabilities In Discrimination Cases
Employees are protected from discrimination and harassment based on many types of disabilities, not just those that we typically think of as “disabilities” (e.g., blindness, deafness). These mental and physical conditions are varied and distinct, and just as much the basis of protection as any other kind of disability. Disability discrimination has been a huge issue for employees in numerous workplace environments for many years. However, with the advent of the ADA and FEHA (the federal and state anti-discrimination laws), only recently has sufficient attention been given to this issue.
The first step is acknowledging that disability discrimination exists at work, and the second step is giving victimized employees the legal support and guidance they need to fight this injustice.
A Leader In Disability Discrimination Cases
At The Law Offices of Daniel Feder, we have been a leader in the cause of fighting workplace disability discrimination for many years. Every employee shall have the right to be treated fairly and given proper reasonable accommodation regardless of their disability status. The federal and state laws in disability discrimination are exceedingly complex. Few lawyers understand the law in this area. They don’t know how these laws relate. The Law Offices of Daniel Feder are the foremost attorneys in San Francisco, San Jose and Alameda in the area of disability discrimination cases.
Many law firms don’t handle disability discrimination cases. They view them as too challenging. They worry that juries might not be sympathetic to employees who suffer from “non-traditional” disabilities such as bipolar, depression, or high blood pressure. However, Mr. Feder is a highly experienced employment law attorney. He understands how to build solid disability discrimination cases. When your rights have been violated in the workplace, we will use all legal means necessary to help you see justice served.
Don’t allow your employer to demean you and hurt your life because you are disabled. Even if you are still employed, you should contact Mr. Feder to assist you in protecting your rights against discrimination based on your disability. Hire a trusted advocate in the area of disability discrimination to protect your rights. Call us today at (415) 391-9476. We’ll get back to you immediately. Or complete the On-Line Consultation Form.
What Are the Types Of Disabilities In Workplace Discrimination Claims?
An employer might discriminate against or harass an employee due to a disability. But just what conditions might be considered a disability? The following are examples of conditions that have been deemed disabilities meeting the standards of a “disability” protected under law.
- Heart disease
- Broken bones
- Depression, anxiety or bipolar disorder
- Back injuries
- Leg injuries
- Brain tumors
- High blood pressure/hypertension
There are many, many other conditions that qualify for protection. If you have a mental or physical condition, don’t assume that it’s not a disability. Contact us. We will give you an assessment of whether or not your condition might be protected. Our team is familiar with the medical issues relating to each of these conditions. We know that each type of disability will require a different legal approach when looking for evidence to support your claim. We have a solid understanding of state and federal disability laws and will create a unique strategy based on the specific factors in your individual case.
Contact Our San Francisco Lawyers For People With Disabilities
If you believe you have been the victim of disability discrimination at work, your first step should be to contact our Northern California law firm. Our attorneys can help assess your position and will provide options for moving forward.
Employer Responsibilities Toward Disabled Individuals
If an employee requests an accommodation for a disability either directly or through a physician, the employer has a legal duty to respond immediately. Employers have an obligation to provide reasonable accommodations. They do not have to provide the accommodation preferred by an employee. They do not have to provide accommodations that create an undue hardship on the economics and/or workplace functioning of the employer However, only in rare cases can an employer successfully rely on the “undue hardship” defense. Almost always, the employer must take steps to accommodate the disability
The law requires that employer must be made aware of the request for accommodation. This should be done in writing. If the employer is not made aware of the request for accommodation, they can not be held responsible for failing to accommodate. Once the employer is made aware of an employee’s disability and/or any workplace difficulties associated with a disability, the employer and the employee have a duty to engage in a good-faith interactive process to discuss potential accommodations. An employer who fails to engage in a good-faith interactive process has broken the law. The employer may be subject to damages for its violation of the law. The attorneys are The Law Offices of Daniel Feder are very skilled in evaluating the employer’s efforts to accommodate disabilities. We can help you determine whether the employer has failed to meet its legal obligations to accommodate and engage in the interactive process.
An employee also has a duty to engage in the good faith accommodation process. To that end, an employer can request medical certification of the disability and may seek to interact with the employee’s medical providers as part of the reasonable accommodation process to determine what would be a suitable accommodation. The employee must cooperate working with the employer to make sure that these requests are complied with. However, the employer can not request information that is private under medical information privacy (HIPPA) laws.
Employers who discriminate against current or potential employees on the basis of disability have broken the law. This discrimination might be subtle, but sometimes it’s not. The employer might actually state that the employee’s disability has made it difficult for the employer to continue to retain them. But most employers rarely admit that they are discriminating on the basis of an employee’s disability. They try to mask the real reasons for their conduct. They fabricate performance or attendance issues. They claim that the reason for the termination was performance or attendance.
You need an experienced disability discrimination attorney in San Francisco, San Jose, and Alameda to see through this smokescreen. We can help guide you through your disability discrimination case.
Hire the very best attorney in the area of disability discrimination to protect your rights. Call us today at 415-391-9476. We’ll get back to you immediately. Or complete the On-Line Consultation Form. There’s no obligation. If there’s no recovery there’s no fee.
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