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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.
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.
Addressing Workplace Disability Discrimination in California
There are many options available for addressing disability discrimination in the workplace. Because the best course of action depends on the specific facts of each case, it is often helpful to consult an employment attorney who can help assess the situation and explain potential legal remedies.
In many cases, workplace disputes can be resolved through informal negotiations or administrative processes without going to court. Regardless of the approach, gathering documentation is often an important part of the process. This may include:
- Medical records related to the disability.
- Proof of job qualifications, such as diplomas, certifications, or a résumé.
- Performance evaluations and personnel records.
- Job descriptions and work history records.
- Communication logs or correspondence with supervisors or human resources.
- Witness statements from colleagues or others with knowledge of the situation.
Establishing discriminatory intent can be complex and may require reviewing patterns of employer behavior, inconsistencies in employer explanations, or other supporting evidence. An experienced employment lawyer can help identify which types of documentation may be relevant and assist in determining the best course of action based on your specific circumstances.
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 experienced employment 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.
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 people with disabilities through inclusivity.
Examples of Disability Discrimination
Disability discrimination can take many forms. While every situation is unique and must be evaluated based on the facts, some common examples may include:
- Refusing reasonable accommodations that would allow an employee with a disability to perform their job duties.
- Terminating or demoting an employee after learning of a disability or medical condition.
- Denying promotions or training opportunities based on assumptions about an employee’s abilities.
- Harassing or creating a hostile work environment because of an employee’s disability.
- Failing to engage in an interactive process to explore possible accommodations after an employee discloses a disability.
Because disability discrimination cases can be complex and depend on many factors, employees with concerns may benefit from consulting an employment attorney to better understand their rights and potential options.
Laws and Rights that Protect Employees with Disabilities in California
California and federal laws offer important protections for employees with disabilities. These laws are designed to help ensure that workers are not subject to discrimination and have an opportunity to request reasonable accommodations to perform their job duties. However, the specific protections that apply can vary depending on the facts of each case.
Key California Laws
Fair Employment and Housing Act (FEHA)
Prohibits harassment, discrimination, or retaliation in employment based on disability and requires employers to engage in an interactive process to explore reasonable accommodations.
California Disabled Persons Act
Primarily applies to ensuring access to public facilities and services, but may be relevant in some work-related contexts involving access to the workplace.
Federal Law
Americans with Disabilities Act (ADA)
Prohibits disability discrimination and requires reasonable accommodations and accessibility in employment and public accommodations.
Because the application of these laws depends on the specific facts of each situation, employees with questions about their rights may benefit from consulting an employment attorney to better understand what protections may apply.
The Interactive Process in Disability Cases
When an employee with a disability requests an accommodation, California law generally requires employers and employees to engage in what is known as the interactive process. This is a good-faith, collaborative effort to identify potential accommodations that would enable the employee to perform their job duties.
Unfortunately, in many disability discrimination disputes, the interactive process breaks down or does not occur at all. This can happen due to lack of communication, denial of accommodations, or disagreement over what is reasonable. When this occurs, employees may benefit from consulting an employment attorney to assess whether the employer has met its legal obligations and to explore potential next steps.
The interactive process typically includes:
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Because the interactive process can be complex and fact-specific, employees who believe their employer failed to participate in good faith may benefit from consulting an experienced employment attorney.
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