Discrimination towards employees with disabilities — or perceived disabilities — is illegal under state and federal law. Both the Rehabilitation Act and the Americans with Disabilities Act (ADA) protect employees who have physical disabilities that significantly impair everyday life, like work and chores. You are protected under federal law if you can execute the fundamental tasks of your employment, even if it needs some "reasonable" accommodation.
Having an experienced employment lawyer on your side when dealing with disability discrimination or ADA violations can be invaluable. An employment lawyer will have the resources and legal expertise to uncover all evidence of discrimination or willful ADA violations. Once evidence is discovered, your team will take legal action by filing a disability discrimination claim.
An attorney can also guide the entire process, helping you understand your rights and what steps need to be taken to ensure a successful outcome. They will be able to advise you on how best to proceed to secure total compensation for any damages suffered due to disability discrimination or ADA violations. Having an experienced attorney by your side can make a massive difference in the outcome of your case.
Employers must provide reasonable accommodations to employees or applicants with disabilities unless doing so would cause an undue hardship. Reasonable accommodations may include:
Employers must also ensure that their policies do not have a discriminatory effect on individuals with disabilities. Employers must be aware of their legal obligations under these laws to ensure they provide equal opportunities for all employees and applicants regardless of disability status.
Discrimination against individuals with disabilities is a pervasive problem in the workplace. It can take many forms, from failing to provide reasonable accommodations for an employee’s disability or medical condition to refusing to grant leave legally entitled to them under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). Additionally, employers may refuse to hire qualified individuals due to their disability or perceived disability, discharge a disabled individual for requesting accommodations or fail to engage in the interactive process.
A disability is a learning, mental, or physical impairment significantly restricting a primary life activity. Major living activities include everyday chores, working, and overall living life. Physical disabilities can make everyday tasks, whether at home or work, harder without the proper accommodations.
A Mental Impairment Disability is an impairment that affects and limits a person's ability to function normally in everyday life. Mental disabilities are usually caused by long-term distress or physical injury and can be mild or severe. Examples of a mental disabilities include:
In the United States, anyone who suffers from a disability may be eligible for Medicare or Social Security disability support, depending on the condition. Employers in California cannot discriminate against anyone with a mental impairment disability.
A Physical Impairment Disability is any disability that physically affects a person. This includes physical disabilities such as:
People with physical impairments usually require accommodations to ensure their safety and accessibility in everyday settings.
Specific learning disabilities are also protected under state and federal law, such as:
Difficulty decoding words and understanding language.
Difficulty with basic math skills, including memorizing facts, carrying out calculations, and understanding math concepts.
Trouble comprehending verbal instructions or spoken information.
Difficulty with expressive language, social interactions, and gaining an understanding of nonverbal cues or motor activities.
There are four primary disability discrimination laws in the US.
The Individuals with Disabilities Education Act (IDEA) is a law that provides legal rights and protections to children with disabilities.
The ADA Provides for the equal opportunity for people with disabilities in employment, public accommodations, transportation and other areas of public life.
This law prohibits disability discrimination by federal financial assistance recipients or other federally funded programs and activities.
Title IX mandates that no person “shall, based on sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
If your worker rights are being denied, or you're being discriminated against because of a disability, an employment attorney at Bear Republic Law can help. Contact us today to file your disability discrimination claim.