How An Employment Disability Discrimination Lawyer Can Protect Your Workplace Rights

Your employment should always be a source of pride, empowerment, and satisfaction, especially if you’re a special-needs worker. And while many Californians are aware of the existence of anti-discrimination laws, facing workplace discrimination in person can feel daunting and disorienting.

Disability rights in employment are complex. What can an employer do and not do? What counts as discrimination? Since 2003, attorney Kevin Levian of Levian Law has helped employees just like you understand their options, hold employers accountable, and seek damages for illegal discrimination.

Under the Americans with Disabilities Act (ADA)  and California’s Fair Employment and Housing Act, you have rights, and Levian Law is here to ensure those rights are protected no matter your industry, disability, or background.

What Conditions Are Recognized As Protected Disabilities In California?

California legally protects disabled workers with a variety of physical, intellectual, and neurological disabilities. A disability is defined as a condition that substantially limits one or more life functions, and could include…

• A physical condition requiring the use of a wheelchair
• A cognitive or genetic condition, such as autism or Down syndrome
• A neurological condition, such as ADHD or profound anxiety
• A temporary condition, such as pregnancy or a broken leg

To better understand your rights and legal options, it’s important to be aware of what counts as illegal workplace discrimination and the forms it can take.

What Forms Does Workplace Disability Discrimination Take?

Illegal workplace discrimination can take a number of forms, from the overt to the subtle. For example, it may take the form of derogatory or prejudiced remarks, bullying, or unkind joking from management or co-workers because of your disability.

In other cases, your employer may refuse to hire you, refuse to promote you, or fire you based on your disability.

Finally, workplace discrimination can occur when your employer refuses to grant you leave that you are lawfully entitled to under the California Family Rights Act (CFRA) or the Family Medical Leave Act (FMLA).

A refusal to consider or offer a reasonable accommodation due to a disability can also count as illegal discrimination, but understanding how such accommodations work (and what is included) is needed for a strong case.

What Is Reasonable Accommodation?

A reasonable accommodation is an adjustment to how you perform your work that is clearly linked to your disability and does not put undue hardship on your employer to facilitate.

For example, you might request more flexible break times, ask to be allowed to use a chair at a cash register, or request the use of an app to communicate more effectively with customers and co-workers. All of these would be reasonable.

An unreasonable accommodation, however, is one that would cause your employer undue expense or inconvenience. For example, requesting your employer to put in an elevator for your personal use would not be reasonable.

While your employer may or may not offer the exact accommodation you first requested, they are still obligated to offer a workable adjustment that would meet your needs. Refusal to do so can count as illegal workplace discrimination and require legal help to rectify.

How An Attorney Can Help

Proving illegal discrimination in California can be challenging. It’s not uncommon for an employer to claim that you were fired or passed over for a promotion based on performance issues (such as attendance), instead of your disability.

Workplace disability discrimination attorney Kevin Levian will listen to you at length and begin to seek out evidence of illegal discrimination, inconsistent standards, and bias. For example, if everyone else in your workplace is allowed to clock in five minutes late without repercussions, a claim that you were fired based on tardiness alone won’t hold up.

He’ll also request and look into workplace documentation, including disciplinary records, employee handbooks, and performance reviews. Interviews can be conducted with co-workers and anyone else who may have witnessed discriminatory behavior.

Next, he’ll help facilitate communication between you and your employer. Negotiations can help you and the other party reach a settlement amount to compensate you for your losses, both economic and non-economic. If these negotiations fail, Kevin Levian is ready to help you seek justice through litigation, as well.

What Damages Might You Be Entitled To?

California law allows you to seek damages for your financial and personal losses when subject to illegal discrimination.

Economic Losses can compensate you for lost wages, the wages you would have earned had you been fairly promoted, lost benefits, and any expenses you incurred while seeking a new job after unlawful termination.

Non-Economic Losses can compensate you for the emotional distress and loss of quality of life that you suffered as a result of discrimination. For example, embarrassment, anxiety, and harm to your reputation.

Unsure Of Your Rights? Reach Out Today!

Seeking justice when you’ve been the victim of workplace disability discrimination in California can feel daunting. And filing ADA disability discrimination claims is not a task anyone should attempt alone. Fortunately, Levian Law is here to help.

Have you been subjected to harassment, unfair hiring, promotion, or termination practices, or refused reasonable accommodation due to a disability? Reach out to Kevin Levian at 833-3-LEVIAN (538426) for an initial consultation today.