For many California workers, disabilities are a part of life. However, in some cases, disabilities have adverse effects on an individual’s employment experience. It’s a disheartening reality, but you can rest assured, knowing the law is on your side.
Disability discrimination is unlawful, regardless of whether you are living with a physical, mental, medical, or genetic disability or condition. Your employer cannot mistreat you on the grounds of your disability, and if they do, you may be able to file a case and reclaim damages. This is your guide to navigating disability discrimination in the California workplace and how an employment lawyer can help.
What is disability discrimination?
Disability discrimination takes place when a person is mistreated, treated less favorably, or denied the same opportunities as other, equally qualified people.
California law protects employees against discrimination based on a physical disability, medical condition, mental disability, or genetic condition, so long as the employee can perform the role. If that employee requires an accommodation to undertake their duties and that accommodation is neither unreasonably difficult nor expensive to supply, the employer is legally obliged to do so.
What constitutes disability discrimination in the workplace? Under the law, your employer cannot:
Alter the terms of your employment because of your disability.
Notifying your employer
If you believe you have experienced unfair or unjust treatment in the workplace because of your disability, the burden of proof is on you. In other words, it’s up to you to prove that you were treated a certain way because of your disability. For your employer’s actions to be intentional and discriminatory, they must be aware of your disability. This leads to the number-one rule when it comes to protecting yourself against workplace disability discrimination: notify your employer of your disability in writing.
While your employer may become aware of your disability through first-hand observation or a third party, they may not fully understand the nature of your disability and the impact it has on your work. If you rely on your employer to make the correct assumptions, you could be giving them room to squeeze their way out of legal responsibility.
If you are comfortable, notify your employer in writing, whether that’s an email, text message, or dated letter. Be sure to include any accommodations you require. This can help eliminate confusion or misunderstanding and prevent your employer from pleading ignorance in the case of a dispute. When the facts are there in black and white, denying responsibility becomes more difficult.
No two cases are alike, and navigating the maze of employment law can be challenging if you are unfamiliar with it. Even when the facts are strong and wrongdoing seems undeniable, an employment lawyer can help you ward off any unexpected moves from your employer.
While you don’t require an attorney when filing a claim against your employer, working alongside qualified and experienced counsel is the best way to increase the likelihood of a positive outcome. Here’s how a lawyer can assist:
No case is airtight. But those who step into the legal process without representation may lose their case or significantly reduce their compensatory damages because of mistakes that a lawyer would not have made.
If you decide to contact a lawyer, they can help you achieve one or a combination of these outcomes:
Your rights as a California employee are protected, which means your employer’s discriminatory behavior is unlawful. Therefore, if you have been denied opportunity, fired, or underpaid because of your disability, you can successfully claim the damages you deserve.
With over 25 years of employment litigation experience, Employee Law Group is ready to fight for your rights and entitlements. We can advocate for your best interest through every stage of the legal process, giving you the best chance possible of achieving the outcome you desire. So
get in touch today to schedule your confidential consultation and discuss the facts of your case.
EMPLOYEE LAW GROUP | JUSTICE FOR ALL
21250 Hawthorne Blvd. Suite 500, Torrance CA, 90503
500 Capitol Mall, Suite 2350, Sacramento, CA, 95814