Do You Legally Have a Disability?

You might be surprised to see the list of conditions that are considered a disability according to the ADA (Americans with Disabilities Act) of 1990. They include but are not limited to:

• Difficulty with mobility that requires a wheelchair
• Complete or partially missing limbs
• Blindness
• Deafness
• Diabetes
• Epilepsy
• Cerebral palsy (CP)
• Multiple sclerosis (MS)
• Muscular dystrophy (MD)
• Cancer
• HIV infection
• Autism
• Intellectual disabilities
• Bipolar disorder (PPD)
• Major depressive disorder (MDD)
• Schizophrenia
• Obsessive-compulsive disorder (OCD)
• Post-traumatic stress disorder (PTSD)
• Pregnancy and post-partum

Do You Legally Have a Disability?

In many instances, disability discrimination involves a worker being fired for having a disability or not being hired for a job in the first place. In other cases, disability discrimination may entail:

• Being paid less than non-disabled employees for doing the same work
• Not receiving or being considered for a promotion because of a disability
• The employer refusing to pay rightfully earned bonuses, commission, or overtime pay
• Harassment in the workplace by management or colleagues (often under the guise of “we were just joking” or “it’s all in good fun”)
• A change of job duties after being hired for something else, when it’s physically impossible with a disability

Did you know that disability discrimination also includes being let go or treated worse than other employees because you have someone in your household with a disability?

Another less well-known example of disability discrimination is not being allowed to take time off for medical appointments related to a disability. This might be, for example, not being permitted to clock out for a doctor’s appointment to get a prescription refilled for your HIV treatment or seizure medication. Or it could mean not getting the time you need for prenatal care if you’re pregnant. Perhaps you’re being denied time off to receive chemotherapy or dialysis.

The business you work for needs to make reasonable accommodations for your disability, such as providing accessible entrances and restrooms. If you are nursing, you must be provided with a private area to pump breast milk. Your employer not providing those things can be considered disability discrimination.

A great resource for information regarding disability accommodations is the Job Accommodation Network. www.askjan.org. You may find many of your questions about accommodations answered there. 

Additionally, always document requests for job accommodations. That way, you can show you tried to get an accommodation if you are denied. The best method to do this is with a certified letter or an email rather than a phone call or in-person conversation, which are harder to prove took place if you need to take legal action. Always keep a copy for yourself, and never assume you will have access to work email forever (print and forward to your personal email). 

One of the most egregious examples of disability discrimination is whistleblower retaliation. This happens when an employee officially reports discrimination in the workplace or brings it to the attention of others, like a union or the media. The employee may then be wrongfully terminated, blacklisted, intimidated, threatened, or punished for being a whistleblower.

The most serious cases of whistleblower retaliation involve physical violence or threats to the disabled worker’s family. Sadly, workplace retaliation in general makes up more than half — nearly 60 percent — of all EEOC complaints.

Disability Discrimination and California Law

In spite of what your employer might tell you, disability discrimination is against the law in the United States, according to the aforementioned Americans with Disabilities Act. In the state of California, you are further protected by the Fair Employment and Housing Act (FEHA) of 1974.

Unfortunately, disability discrimination is still occurring. If you’re reading this article, it’s possible you or a family member has experienced workplace disability discrimination.

Other Types of Workplace Discrimination

Sometimes disability discrimination overlaps with other types of prejudicial behavior. You might also find yourself discriminated against because of your:

• Age
• Race
• Religion
• Country of origin
• Sex/gender
• Orientation
• Parental status

The same signs of discrimination listed above may show up because of these factors or make disability discrimination even worse. Harassment and retaliation, especially for whistleblowing, occur with these types of discrimination as well.

How an Employment Attorney Can Help with Workplace Disability Discrimination

Whether you are being discriminated against at work solely because of a disability or if you have multiple types of discrimination going on, an employment lawyer can help.

Deciding if you have a case

The first step is to determine if you have a workplace disability discrimination case. Your attorney can meet with you to discuss your unique situation. As mentioned above, you may have experienced both discrimination and retaliation, or you may have endured several kinds of discrimination simultaneously.

Documenting discrimination

If you have a case, you will need to prove it. Therefore, gathering as much documentation as possible is necessary, such as incriminating emails, text messages, or other proof of discrimination. Your attorney can advise you about what types of correspondence are wise to keep and how to hang onto these documents safely should your employment suddenly be terminated.

Planning next steps

Workplace discrimination can feel overwhelming and confusing. Having an attorney working with you can help you sort out your path moving forward, so you can decide with a clear head and expert knowledge what you want to do next.

Filing an official complaint

Sometimes filing a claim with either the EEOC or the California Department of Industrial Relations Labor Enforcement Task Force is your preferred next step. Your employment attorney can explain this process to you and assist you with the paperwork, making sure everything is done properly.

Taking the case to court

You may find the mandatory investigative period with federal or state agencies too long, especially if they have a backlog of cases, which happens quite often. Or you may wish to take a more proactive approach to the violation. An employment lawyer can help you obtain a “right to sue” letter and follow up by filing a lawsuit against your employer. They can then negotiate a settlement or represent you in court.

Having an attorney from Employee Law Group on your side ensures all the paperwork will be filed correctly. It lets you get on with your life while the firm’s resources handle the small details of a court case.

An employment attorney can also deal with issues like getting your job back if you have been wrongfully fired, preventing you from getting improper bad references, and seeing you are paid the money you are owed. This may include back wages or commissions, punitive damages, and all legal and court costs.

If you have been the target of workplace disability discrimination in the Los Angeles area, you don’t have to suffer in silence. Employee Law Group offers a free initial consultation to discuss your case. Call us at 310-407-7358 or reach out online to let us know how we can assist you.