If a current, former, or potential boss is holding you back at work because of a disability, they have likely broken the law. Both federal and California laws protect employees with disabilities. A knowledgeable disability discrimination lawyer can help you seek justice. Our legal team at the Law Office of John Dalton has three decades of experience and is ready to protect you.
This guide will explore your rights against disability discrimination and why it is essential to speak to an experienced disability discrimination attorney first.
What Laws Protect Employees from Disability Discrimination?
Federal and California laws provide robust protections for individuals with disabilities. Let’s look at some of these key laws.
The Americans with Disabilities Act (ADA)
The ADA prohibits workplace discrimination against qualified employees with disabilities. Employers with at least 15 employees must reasonably accommodate those with disabilities. Examples of accommodations include:Â
- Modifying work schedules,Â
- Providing assistive technologies (like dictation devices or wrist braces), orÂ
- Adjusting physical workspaces.
You can seek punishment against your employer if they do not provide reasonable accommodations. However, employers can avoid punishment by proving that providing an accommodation would cause an undue hardship to the business. By speaking to us first about your case, we can help determine whether your employer’s claim for undue hardship is legitimate.
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 covers federal employees and employees of federal contractors. The law helps ensure federal workers have protection from disability discrimination.
California Fair Employment and Housing Act (FEHA)
FEHA offers even broader protections to Californians than the ADA. The law’s prohibitions against disability-related discrimination, harassment, and retaliation apply to employers with five or more employees. FEHA also requires employers to engage in a good-faith interactive process to identify and implement reasonable accommodations.
Understanding the above-listed laws is crucial to recognizing and enforcing your rights. Consulting one of our disability discrimination attorneys can help you determine how these laws apply to your situation.
What Does Disability Discrimination Look Like?
Disability discrimination can take many forms, sometimes making it challenging to identify. Some common examples of disability discrimination include:
- Refusing to hire or promote. Employers who reject qualified candidates or overlook employees for promotions solely because of a disability commit unlawful discrimination.
- Denial of reasonable accommodations. If an employee asks for reasonable accommodations and their employer denies the request without there being undue hardship related to the accommodation request, this may be discrimination.
- Unfair or unequal treatment. Harassment, isolation, or other mistreatment directed at an employee due to their disability is unlawful.
- Unjust punishment. Unwarranted write-ups, reductions in pay, or undesirable job assignments motivated by an employee’s disability are illegal.
- Termination or demotion. The law prohibits firing or demoting a qualified employee because of their disability or need for accommodation.
- Retaliation. State and federal laws prohibit bosses from punishing, mistreating, or harassing employees who report discrimination or request accommodations.
If you suspect discrimination, our disability discrimination lawyer can evaluate your case and determine the best course of action.
How to Assert Your Rights Against Discrimination
Asserting your rights begins with understanding them. Below is how to take action if you believe you’ve been discriminated against at work.
Speak with a Disability Discrimination Lawyer
Protecting yourself against disability discrimination typically involves many steps. So, talking to John Dalton should be your first move to help make sure every other step falls in line. Our legal team can effectively guide you through the complaint process.
Document Everything
If you want to hold a discriminatory employer accountable, you will need proof. As soon as you notice discrimination, contact us. It will be important to keep detailed records of each violation, including:
- The date and time of each incident,Â
- The names of everyone involved,Â
- Any communications or documents related to the discrimination,
- Personnel and employment records,Â
- Pay stubs, andÂ
- Pictures.
First, contact us and we will guide you in gathering whatever you legally can. If there are records you need that you cannot access, our team has the legal tools to obtain the information you need.
Report the Issue Internally
Most employers have procedures for addressing discrimination. If you don’t use your employer’s procedures, you might be barred from receiving compensation in a legal complaint. By speaking to a disability discrimination lawyer first, we can help you report discrimination to your HR department or supervisor and follow their reporting protocols.
File a Complaint
If internal efforts fail, you can complain to the government or file a lawsuit in court. In California, employees can file complaints with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing. Under federal law, employees submit their complaints to the Equal Employment Opportunity Commission (EEOC). You have only 180 to 300 days to file an EEOC complaint and three years to complain to the CRD. If you want to sue your employer in civil court, you will likely have to file a CRD or an EEOC complaint first. After filing a complaint, you must wait for a notice that you have the right to sue. We can help you obtain a right-to-sue notice quickly and handle your complaint.
This is why it is so important to contact us as soon as you believe you are a victim of disability discrimination.
Legal Remedies for Disability Discrimination
If you have experienced disability discrimination, the law provides several remedies to help make you whole, including:
- Back pay—compensation for lost wages due to discrimination;
- Front pay—payment for future lost wages if reinstatement is not possible;
- Emotional distress damages—compensation for the emotional harm caused by discrimination;
- Punitive damages—additional damages to punish egregious behavior from your employer;
- Reinstatement—returning to your former position if you were wrongfully terminated or demoted; and
- Reasonable accommodations—ensuring that necessary accommodations are put in place moving forward.
We can help you understand which remedies apply to your case and advocate for the maximum compensation and relief you deserve.
The Law Office of John Dalton Can Help
At the Law Office of John Dalton, you can talk to one of California’s best disability discrimination lawyers. Our team understands how devastating disability discrimination can be. We fight for the rights of mistreated employees. With 30 years of experience, we know how to navigate the legal system and build a strong case on your behalf.
Don’t wait to take action. Contact the Law Office of John Dalton by phone or online today for a confidential consultation. We are here to listen, advise, and fight for your rights.