As a qualified employee or job applicant, regardless of disability, you deserve to be treated fairly by an employer. It can be unlawful to be treated unfavorably due to a disability. Unfortunately, disability discrimination in California sometimes happens. It could be a supervisor or a co-worker creating a hostile work environment. It does not matter who is causing it; what matters is that you have been discriminated against in the workplace based on your disability.
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our discrimination disability lawyer, along with our team, based in Los Angeles consider the Americans with Disabilities Act (ADA) and can help to uphold your rights. Contact us at (310) 900-0809 to schedule a Free Case Evaluation.
What Constitutes Disability Discrimination in California?
Disability discrimination can occur when a person who suffers from a disability is treated less favorably as an employee or a job applicant due to that disability.
Rights for Employees with Disabilities
The United States Equal Employment Opportunity Commission (EEOC) establishes certain rights for employees and job applicants that have a disability. These rights can include:
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Free from harassment.
- A disabled person cannot be harassed regarding their disability in the workplace by supervisors, managers, or co-workers.
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Reasonable accommodations.
- A person who suffers from a disability has the right to request reasonable accommodations to allow them to apply for a job, perform their job duties, or otherwise have the same benefits as other employees.
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Privacy.
- An employer is very limited in what they can ask an employee about in regard to their health.
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Confidentiality.
- With limited exceptions, some information an employee does share with an employer in regard to their health must be kept confidential.
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Free from retaliation.
- A person who does complain about disability discrimination, should not be retaliated against.
Rights have further been established by the Americans with Disability Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA). The ADAAA clarifies the scope and definition of disability under the ADA. These acts are designed to provide the same opportunities and rights that a typical person has in areas of life, including employment.
Examples of Disability Discrimination in California
Disability discrimination can take various forms. Some common examples are described below.
Inaccessible Areas
A disabled employee should have the same access to areas around the office as other, non-disabled employees. An employee in a wheelchair, for example, should be able to maneuver around the same as everyone else and access all areas of the office available to other employees.
When an employer leaves areas inaccessible and, thus, fails to comply with the ADA, disability discrimination can exist.
Failure to Provide Reasonable Accommodations
If an employee requires an accommodation that would be no hardship on the employer to effectively complete their job, the employer should comply with that accommodation. For example, if an employee is partially deaf and cannot hear well in a noisy environment and requests a workspace in a quieter area, the employer should provide them with a new workspace when possible.
When an employer fails to provide reasonable accommodation, a disability discrimination claim may exist.
Loss of Promotion
An employer should not pass you over for a promotion if you have a disability.
What Is a Disability?
To secure the protection of the EEOC or ADA, you must be qualified for the job and have a disability defined by the law. A disability can be established in different ways:
- You have a physical or mental condition, and it substantially limits a major life activity. Examples of major life activities include walking, seeing, and hearing.
- You have a history or record of a disability (mental or physical impairment) that substantially limited a major life activity, even though you do not have the disability now. An example of this type of disability is cancer––you had cancer but are now in remission.
- You are regarded as having a physical impairment.
Examples of Qualifying Disabilities
- Blindness
- Cancer
- Cerebral palsy
- Deafness
- Diabetes
- Epilepsy
- HIV infection
- Loss of limb(s)
- Multiple sclerosis
- Muscular dystrophy
- Paraplegia
Examples of Non-Qualifying Disabilities
Simply having a medical condition or mental health issue will not always constitute a disability for the purposes of disability discrimination claims or complaints. Examples of conditions that do not constitute an impairment in terms of the ADA include:
What Should Employees in California Do if Discriminated Based on Disability?
An employee who has been discriminated against can feel embarrassed or angry, with good reason. It is important that the employee makes their plight known so it can be addressed. Here are a few things you can do.
- Understand your disability. Make sure your disability is protected. What qualifies as a disability may vary from federal law to state law and from state law to state law. So, you should confirm it with a disability discrimination attorney in California or in whichever state you reside and/or work.
- Document everything. If you suspect disability discrimination the information you document can be helpful, including work tasks, dates, times, locations, names, etc.
- Be specific. If you were discriminated against during an interview, document what happened. Were you asked about your medical history? Were you asked to take a medical exam? If the discrimination involves a lack of proper accommodations, document your requests for reasonable accommodations and how the employer responded. Keep in mind that an employer can provide their own reasonable accommodations that meet their budget and your needs. If the discrimination involves harassment, document the discriminatory events but also document any retaliatory action, like pay reduction, reduced work hours, termination, or additional harassment.
- Report it internally. When you think you are the victim of disability discrimination, you can speak with a manager, supervisor, and/or a human resource representative which may put the company on notice of the discrimination.
Contact an Employment Law Attorney in Los Angeles Today
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our employment law lawyer based in Los Angeles, along with our team, can help if you have suffered disability discrimination in California. Contact us by filling out the online form or calling us at (310) 900-0809 to schedule a Free Case Evaluation.