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:

• Wrongfully terminate your employment on the sole basis of your disability.
  
• Pay you less than they otherwise would because of your disability.
  
• Refuse to hire you even though you are qualified for the role because you have a disability.
  
• Refuse to give you access to opportunities, training events, favorable assignments, and other beneficial programs because of your disability.
  
  

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.

How an employment attorney can help with a disability discrimination case

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:

• A lawyer will collect all relevant facts and information connected to your discrimination case. This includes communications between yourself and your employer, as well as first-hand testimony detailing the extent of your discrimination, details of specific events, and how it has impacted you.

• After collecting the facts of your case, your lawyer will apply the law to your specific circumstances. This process ensures you can fight for every entitlement without running into the many common pitfalls that sabotage employees who go it alone.

• Your lawyer will build a compelling and creative case that responds to your employer’s defense. This strategy can also maximize the financial damages you will receive if and when the case is won.

• Finally, if your employer contests your claim (which often occurs), your lawyer can prepare and present legal arguments and related evidence. This could take place in court.

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.

What type of damages can a lawyer help me claim?

If you decide to contact a lawyer, they can help you achieve one or a combination of these outcomes:

• Your employer gives you a promotion, favorable assignment, training opportunity, job placement, or any other workplace benefit you are qualified for but were denied because of your disability.

• Your employer pays all owed wages and bonuses.

• Your employer pays you compensatory damages that help minimize the financial loss you experienced due to the discriminatory acts.

• Your employer is liable for punitive damages that help protect other employees and people in your workplace from experiencing disability discrimination.
  

Get qualified legal counsel on your side

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.