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Why Do You Need a Disability Discrimination Lawyer?
According to research by the American Psychological Association, experiencing discrimination or bias, including disability-based bias, can increase stress levels and contribute to emotional harm. This can often manifest as higher rates of anxiety, depression, and feelings of disempowerment. Additionally, such bias often results in missed opportunities, both professionally and personally.
An attorney specializing in disability discrimination has a good perspective and grasp of the relevant laws. They can help assess the merits of your case, properly gather evidence, build strong arguments, and seek optimal remedies and claims for you.
Practice Areas
Why Choose Colby Law Firm for Your Disability Discrimination Case?
With the right legal help by your side, you can effectively pursue justice for your disability discrimination or any other discrimination experience. Los Angeles-based Colby Law Firm has been handling disability law cases for many years. You can count on our knowledge and experience when advocating for employee rights and fighting against any form of discrimination.
Our Experienced and Compassionate Legal Professionals: Fighting for Your Rights
Colby Law Firm is led by Aaron Colby, who has over 15 years of experience representing employees and employers in anti-discrimination cases and other labor-related cases. He is a top graduate of Southwestern Law School and has considerable experience in addressing workplace injustices like harassment, wrongful termination, unpaid wages, and disability discrimination.
His colleague Zoe Yuzna, a former DLSE attorney who advised the California Labor Commissioner, is a UCLA law graduate. She has extensive litigation experience and a high court success rate.
Both are brilliant employment and disability discrimination attorneys and work with other esteemed lawyers to advocate for their clients’ rights.
Dedicated to Recovering Your Compensation (Damages) and Reinstatement
Colby Law Firm looks at every discrimination case as an opportunity to level the field for the disadvantaged. The firm works hard to obtain the best compensation possible for each client, including back pay, front pay, punitive damages, compensation for emotional distress, and reinstatement for unjust termination or demotion.
Holding Employers Legally Liable (Responsible)
The American Disabilities Act (ADA) of 1990 safeguards the rights and privileges of people with disabilities on a federal level. The ADA prohibits discrimination against individuals with disabilities in many areas of public life, including jobs, schools, transportation, and other public and private places. It protects their right to equal opportunity and non-discrimination in state and local government services, public accommodations, commercial facilities, telecommunications, and any other situations.
Employers must follow the law and any violation can be penalized. Penalization involves a legal procedure, and outcomes are dependent on the specifics of the case.
What You Can Expect from Colby Law Firm’s Legal Practice
Colby Law firm helps you navigate the legal process step by step. Here’s an overview of our process when working with clients in a disability discrimination case.
The Legal Process: From Consultation to Winning Your Case
Colby’s work begins with a free review of your discrimination experience. You can take this initial step by simply reaching out to the team online or via phone or email.
If it is established that your experience has merit during this initial consultation, we can go forward and build a case. The process will include:
- Pre-trial procedures for gathering evidence
- Developing compelling arguments for the case and the claims
- Preparing the plaintiff and witnesses for the hearing (if the case goes to trial)
Legal Remedies and Compensation (Damages) You May Be Entitled to
If you’ve experienced disability discrimination, you may be entitled to various legal remedies and compensation. These can include monetary damages for:
- Lost wages
- Emotional distress
- Punitive damages
You could also be entitled to non-monetary relief such as reinstatement to your job or reasonable accommodations at work. All of these remedies or the availability and amount of compensation is dependent on the specifics of the case and the court’s discretion.
Understanding Reasonable Accommodations
What Constitutes a Reasonable Accommodation?
A reasonable accommodation is a modification or adjustment to a job, work environment, or the way things are usually done that enables an employee with a disability to perform the essential functions of their job.
Reasonable accommodation is designed to ensure that individuals with disabilities have equal employment opportunities.
The Civil Rights Department of the State of California, through the California Fair Employment and Housing Act and the ADA, mandates companies with five or more employees to extend reasonable accommodations to their disabled employees to help them perform the essential functions of their jobs.
The only exception here is if it would cause undue hardship to the employer and the organization as a whole.
Reasonable accommodations are usually context-specific and negotiated on a case-by-case basis. What constitutes as reasonable for one employer may not be so for another, due to operational constraints.
Examples of Reasonable Accommodations
Some examples include providing:
- Braille signs
- Ramps
- Work relocation
- Flexible hours,
- Leave for healthcare
- Modification of job duties, workstations, office layout, etc.
These accommodations are based on an individualized assessment, the needs of the disabled employee and the requirements of the job.
Legal Requirements for Employers
Employers are required to put into motion in good faith an interactive process upon knowing that the disabled employee needs a reasonable accommodation to perform their duties properly.
The process entails:
- Open communication to enable requests and negotiations between the employer and employee to develop a reasonable arrangement
- Initiation of a reasonable accommodation request by communicating and documenting the request via email, letter, or witness observation
- Submission of supporting medical records, a letter or prescription from a healthcare provider, or a medical assessment from a disability specialist to substantiate the merit of the request
- Accommodation of the employer if the requests are deemed reasonable and would not cause undue harm to the employer’s business.
Proving Disability Discrimination in California
To prove your case, you should have medical records that prove you had a disability when the discriminatory act happened and proof of your job qualifications, like a diploma and CV. It’s also important to provide other documentation like communication logs, company records, and witness testimonies to corroborate your claim.
If you are being excluded from promotions despite your performance, you can prove discrimination by providing corresponding records, performance evaluation documents, personnel records, job descriptions, work histories, and witness testimonies.
The main challenge in this process is establishing that there is discriminatory intent on the part of the employer, as it requires substantial evidence. Moreover, the specifics of each case, including the employer’s policies and past behavior, play a crucial role in proving intent.
Other challenges are the possibility of retaliation, character flaws of witnesses, and evidentiary issues like the weight, integrity, and admissibility of the evidence.
Colby Law Firm’s disability discrimination lawyers address these potential issues by carefully looking for patterns of discriminatory tendencies like remarks, uncovering inconsistencies in the employer’s statements and arguments, and carefully gathering and organizing evidence and statements that corroborate the discrimination allegation.
Who Is Covered Under Disability Laws in California?
All people with disabilities in California are covered under federal and state disability laws like ADA and FEHA, subject to provisions and exceptions outlined therein.
According to the ADA and California law, an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
Note that the terms “substantially limit” was expanded by California legislation AB 2222 amendment to mean “limit” and that “major life activities” be broadly construed to include physical, mental, social activities, and working.
Identifying Disability Discrimination: What You Need To Know
What Constitutes Disability Discrimination in California?
Disability discrimination in California includes prejudice against disabled persons as defined by the ADA, in employment, state, and local government activities like education, recreation, healthcare, social services, public accommodations, public transportation, education, courts, town meetings, and more.
Some forms of discrimination are less obvious, such as being teased or excluded from leisure activities; others are more glaring, like being terminated, demoted, or bypassed for promotions.
Colby Law Firm has ADA discrimination lawyers who can help you understand your rights better and assess whether a disability discrimination act occurred at your place of employment.
Types of Disability Discrimination: Stereotype, Prejudice, and Ableism
Disability discrimination may fall under stereotype, prejudice, or ableism.
- Negative stereotyping happens when there is a negative view of a person based on the stigma around their disability. An example of this is discriminating against people with a psychiatric condition or people with HIV.
- Prejudice is when the disabled employee is deprived of fair treatment at work. For example, a qualified job applicant gets rejected because of a hearing disability because the company does not want the added cost of providing a hearing aid.
- Ableism, according to the Center for Disability Rights, is a set of beliefs or practices that devalue and discriminate against people with physical, intellectual, or psychiatric disabilities and often rests on the assumption that disabled people need to be ‘fixed’ in one way or the other.
If you experience or witness any signs of these types of disability discrimination in your workplace or community, you can seek consultation with a trusted disability discrimination lawyer like the Colby Law Firm.
Americans with Disabilities Act (ADA): Your Legal Shield
The federal Americans with Disabilities Act is a comprehensive legal shield across the U.S. for people with disabilities who may experience stereotyping, prejudice, or hatred due to their physical or mental limitations.
The Act encompasses their rights and privileges in various aspects of their lives, like the right to employment, education, fair housing, air carrier access, telecommunications, voting accessibility, and civil rights.
The ADA seeks to empower persons with disabilities through inclusivity.
Examples of Disability Discrimination
Let’s explore some examples, real-life cases, legal precedents, and court rulings in California to help us understand disability discrimination.
The first case emphasizes the importance of being recognized by the law as being disabled, as defined by ADA, for the case to have merit to begin with.
Example 1: An employee was fired after she requested two weeks off to recover from surgery. The company leave policy states that employees are only eligible for a leave of absence if they have completed more than one year of employment with the company. Any employee with less than a year of tenure who requests for leave will be deemed to have resigned, with eligibility for rehire with supervisor approval.
The fired employee filed for a disability discrimination lawsuit against the employer.
The court’s reasoning and ruling: A California appeals court ruled that the employee is not a disabled person and is therefore not entitled to reasonable accommodation. Her employer did not violate the California Fair Employment and Housing Act in terminating her.
Example 2: This case shows how the FEHA rules are retroactive to the date that the AB 2222 rule, which expanded the definition of “disability” in California, was enacted on January 1, 2001.
Originally, the Americans with Disabilities Act of 1990 defined disability as a physical or mental condition that “substantially limits” a “major life activity.” ABB 2222 expressly clarified that definition and eliminated “substantially.” As an effect, disability means any condition that limits a significant life activity, including work.
In this case, Mr. Colmenares had worked as a laborer for Braemar Country Club for 25 years. In 1991, he injured his back while working and was then assigned to a post with less intense work. He received good performance ratings for his work during this period. In 1995, he was assigned to a new supervisor. In 1997, Braemer assigned Mr. Colmenares to a heavy-labor job, and was fired for “deficiencies in his performance.”
The Court’s Ruling and Reasonings: Mr. Colmenares sued the company based on FEHA, but the lower court dismissed his case, citing that his disability did not substantially limit his work. He appealed the ruling but the appellate court affirmed the ruling. The court noted that the AB 2222 definition of disability did not apply retroactively to Mr. Colmenares’ discharge because it happened in 1997, which was before the new law was enacted in 2001.
However, a division of the court of appeals made a contrary conclusion and noted that the statute was amended in 1992 to clarify the term “disability,” and so the effect should be retroactive. The court then reversed the dismissal of Mr. Colmenares’ case.
Laws and Rights that Protect You in California
In California, employers must comply with state requirements to provide persons with disabilities an equal chance to perform their functions and become productive members of society.
California’s Specific Laws on Disability Discrimination
Here are the state laws that protect citizens of California from disability discrimination.
- Fair Employment and Housing Act (California Government Code Section 12900-12951 & 12927-12928 & 12955 – 12956.1 & 12960-12976)
A state law in California that protects people with disabilities from harassment, discrimination, or retaliation in employment.
- The Unruh Civil Rights Act (California Civil Code Section 51)
This act protects persons with disabilities against discrimination in business establishments, including housing, hotels, motels, theaters, restaurants, hospitals, retail establishments, and other accommodations.
- The California Disabled Persons Act (California Civil Code § 54.1)
This act provides persons with disabilities with full and equal access to medical facilities, public transportation, telephone facilities, schools, amusement centers, and other accommodations. It is subject only to the limitations set by state and federal regulations.
Your Rights Under ADA and California State Law: Reasonable Accommodations and Accessibility
The ADA’s goal is to prohibit disability discrimination for all Americans. Along with other related state laws, it provides reasonable accommodations and accessibility for people with disabilities.
The Interactive Process in Disability Cases
California law requires employers and employees to engage in an interactive process to identify reasonable workplace accommodations. This involves timely, confidential, documented communication. Employees must provide medical proof of disability and request or demonstrate the need for accommodations. Employers are legally required to actively engage with the employee, propose alternatives if necessary, implement agreed accommodations, and monitor their effectiveness.
The steps involved in this process include:
01
02
03
04
05
06
All these steps require interactive communication between the employer and the employee.
Identifying Disability Discrimination: What You Need To Know
What Constitutes Disability Discrimination in California?
Disability discrimination in California includes prejudice against disabled persons as defined by the ADA, in employment, state, and local government activities like education, recreation, healthcare, social services, public accommodations, public transportation, education, courts, town meetings, and more.
Some forms of discrimination are less obvious, such as being teased or excluded from leisure activities; others are more glaring, like being terminated, demoted, or bypassed for promotions.
Colby Law Firm has ADA discrimination lawyers who can help you understand your rights better and assess whether a disability discrimination act occurred at your place of employment.
Types of Disability Discrimination: Stereotype, Prejudice, and Ableism
Disability discrimination may fall under stereotype, prejudice, or ableism.
- Negative stereotyping happens when there is a negative view of a person based on the stigma around their disability. An example of this is discriminating against people with a psychiatric condition or people with HIV.
- Prejudice is when the disabled employee is deprived of fair treatment at work. For example, a qualified job applicant gets rejected because of a hearing disability because the company does not want the added cost of providing a hearing aid.
- Ableism, according to the Center for Disability Rights, is a set of beliefs or practices that devalue and discriminate against people with physical, intellectual, or psychiatric disabilities and often rests on the assumption that disabled people need to be ‘fixed’ in one way or the other.
If you experience or witness any signs of these types of disability discrimination in your workplace or community, you can seek consultation with a trusted disability discrimination lawyer like the Colby Law Firm.
Americans with Disabilities Act (ADA): Your Legal Shield
The federal Americans with Disabilities Act is a comprehensive legal shield across the U.S. for people with disabilities who may experience stereotyping, prejudice, or hatred due to their physical or mental limitations.
The Act encompasses their rights and privileges in various aspects of their lives, like the right to employment, education, fair housing, air carrier access, telecommunications, voting accessibility, and civil rights.
The ADA seeks to empower persons with disabilities through inclusivity.
Frequently Asked Questions
What Is a Reasonable Accommodation For Religion?
A reasonable religious accommodation is any adjustment to the work environment that will allow an employee (or applicant) to practice their religious beliefs. This applies to:
● Schedule changes and time for religious observances
● Dress and grooming practices for religious reasons
For example, an employee may ask for the day off to observe a religious holiday or request to wear a head covering such as a yarmulke or hijab.
What Is a Reasonable Accommodation For Substance Abuse?
Employees with substance abuse problems may have a right to reasonable accommodation for them to participate in an alcohol or drug rehabilitation program. In California, employers with 25 or more employers are required to make reasonable accommodations as long as it doesn’t pose an undue hardship on the business.
How Long Is the Lactation Accommodation In California?
California law requires employers to provide a lacation accommodation for as long as the employee is nursing her child. A lactation accomodation, according to federal law under the Fair Labor Standards Act (FLSA), requires covered employers to provide basic accommodations for breastfeeding mothers at work, including time to express milk and a private space that is not a bathroom where they can pump.
Is There an Accommodation For Illiteracy?
Though illiteracy is not considered a disability, employers with 25 or more employees must reasonably accommodate and assist an employee who reveals a problem of illiteracy and requests assistance. Assistance might include providing the employee with the locations of local literacy education programs or arranging for a literacy education provider to visit the workplace. If an employee needs time off from work to attend classes or seek other assistance, and that time off does not impose an undue hardship on you, strongly consider providing the employee with unpaid time off from work.
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Colby Law Firm
Aaron Colby is a California employment lawyer who knows how to resolve disputes. After 15 years representing companies, he started Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” gives him an edge. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights.
Aaron Colby
Lead Attorney and Founder Colby Law