People with disabilities get protected by federal and state laws. The federal law is the Americans with Disabilities Act (ADA). The law says it is illegal for employers not to hire, or terminate the employment of a disabled person. Also, they are liable if they fail to promote a disabled individual. But the individual must still be able to perform their job. Also, it is illegal to mistreat or harm people because of a mental or physical handicap.
The employer gets required to make reasonable accommodations for the employee with disabilities. California employers must provide “reasonable accommodations” for employees with disabilities or illness. Disability discrimination may occur if companies make only partial accommodations. Usually, they do this and then fire the employee.
The person with a disability or illness can inform the supervisor for human resources. So if they require a unique accommodation, that is the first step. Also, when an employee gets denied a promotion or gets fired due to disability, they can sue. Furthermore, they can seek compensation for lost salary and benefits. Also, they can seek emotional pain and suffering losses. Last, in some cases punitive damages may apply.
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California Discrimination Laws.
There are laws in place to protect the rights of individuals with disabilities. These are the American with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA). So they protect the person with disabilities so that handicapped people can have a livelihood. Also, FEHA too requires employers to make reasonable accommodations.
These laws also protect employees with severe medical conditions. So that way, they can perform the essential functions entailed with the job. Ehline Law Firm represents employees who were victims of disability discrimination. These are people who made claims against employers that broke labor laws. Our attorneys have the supreme dedication to protecting the rights of discrimination victims. So when federal and California laws get violated, we help sue. We recover victims the damages they deserve.
Federal and state statutes protect employees. Furthermore, the company has a duty to adhere to these laws. So their mission includes making a “reasonable accommodation.” Hence, employees with disabilities get protected under the law. And this is including the American Disabilities Act. And the employer in fulfilling their duty must discuss employee needs. That way, they may enable the worker to perform the essential functions of their job.
In some cases, this may be as simple as a handicapped access or architectural changes. Employers failing to make these changes could be guilty of discrimination. Also, accommodations enable employees with disabilities to perform their job-related duties. So this gives disabled employees the same opportunities and benefits as other employees.
- Workplace facilities disabled employees can access.
- Part-time or modified work schedules if necessary.
- Modified equipment or devices to accommodate disabled employees.
- Reassignment or transfer of the handicapped employee when qualified for a vacant position.
The employer must adhere to state and federal laws. These laws say they must provide reasonable accommodations for disabled employees. But there is a limit to their duty under the laws. The employer is not required to make accommodations imposing an “undue hardship.” So if it hurts the operation of the business or the organization it won’t fly. But in some situations, it is up to the employee to prove the accommodation needs. Also, it must be necessary. And the cost must benefit the employer’s business.
The employer that fails to comply with discrimination laws involving the disabled employee may include:
- Failing to hire an applicant who is capable of doing the job functions. But because they are disabled they are glossed over.
- Failure to accommodate the particular needs of the employee.
- Failure to grant an employee leave under the Family and Medical Leave Act (FMLA).
- Termination of a disabled individual for requesting reasonable accommodations.
A qualified prospect files a disability discrimination claim when not hired due to disability. Hence the employer would be liable. But the employer had to terminate the person or not make reasonable accommodations.
There are several main areas to prove this claim:
- The plaintiff must prove they have a disability.
- Plaintiffs must be qualified to perform the functions of the job. So this is true whether they require reasonable accommodations or not.
- These plaintiffs must have become discriminated against unlawfully. Also, it needs to be because of their disability. And it cannot be for reasons any other employee would have gotten terminated.
When an employee gets discriminated against, they deserve justice. Damages get paid by the employer who failed to protect the workers’ rights. Ehline Law Firm can assist employees suffering disability discrimination. We do this is LA and across California.
Contact an Employment Discrimination Attorney Now.
Our lawyers will evaluate your claim. Then we will determine the best course of action to take. So our goal is protecting your rights. So that way we can recover the compensatory damages you deserve. Give us a call at (213) 596-9642.