Disability Discrimination

We Handle Workplace Disability Discrimination in the Inland Empire and Throughout Orange County

At the Law Office of Joseph Richards, P.C., our skilled and experienced Inland Empire disability discrimination lawyers have the skills and experience to help clients seek justice under the Americans with Disabilities Act (ADA) and/or the California Fair Housing and Employment Act (FEHA). If you were subject to disability discrimination, you should consult with a professional. Give us a call at (888) 883-6588 for a free, no-obligation initial consultation with a top Southern California employment discrimination attorney.

An Overview of the California Disability Discrimination Laws

Disabled workers deserve fair and equitable opportunities to thrive in the workplace. There are state and federal laws in place that protect workers against disability discrimination. If you or your loved one is a worker with disabilities in Orange County, Riverside County, or San Bernardino County, it is imperative that you know your rights and your legal options. Here is an overview of the disability discrimination laws that may apply to workers in Southern California:

• Federal Law: The Americans With Disabilities Act (ADA) is the most important federal law that protects employees against disability discrimination in the workplace. The ADA bars disability discrimination in hiring, firing, and aspects of employment. The ADA applies to all businesses and nonprofit organizations with 15 or more total employees.
• State Law: California state law also provides workers with protections against job-related disability discrimination. The California Fair Employment and Housing Act (FEHA) makes it unlawful for an employer to treat an employee less favorably than similarly qualified co-workers based on a physical or mental disability. FEHA applies to many more employers than federal law. It covers companies in California with five or more total employees.

What is a Reasonable Accommodation?

Employers that are covered by the ADA and/or FEHA are required to avoid active discrimination against workers on the basis of disability status. These laws also put additional obligations on employers. They must engage in a timely, good-faith, and interactive process to help disabled workers find a reasonable accommodation that meets their needs. The California Department of Fair Employment and Housing describes a reasonable accommodation as an adjustment or modification to a job role or job environment that allows a disabled employee who meets the “essential functions” of the position to perform. Some potential examples include:

• A modification of the physical environment
• Excuse from certain non-essential job duties
• Part-time or full-time telework
• Additional rest breaks
• Enhanced access to medical leave

Ultimately, a reasonable accommodation is not any one thing. Employers are not required by the ADA or FEHA to provide any specific accommodation. Instead, employers must have a timely, good faith, and interactive process to assess an employee’s individual needs and help them find accommodation that works. Under both federal law and California law, an accommodation is only “reasonable” if it does not pose an undue burden on the employer. Failure to make a timely and/or in good faith to provide a reasonable accommodation could constitute disability discrimination.

Some Examples of Disability Discrimination in the Workplace

Disability discrimination can come in a wide range of different forms. Every allegation of disability discrimination should be thoroughly investigated by an experienced attorney. Some examples of conduct that could constitute disability status discrimination in California include:

• Refusal to Hire: Unfortunately, some disabled workers struggle to even get considered for jobs that they are fundamentally qualified to take. Refusal to hire a qualified worker because of a disability may be discrimination under the law.
• Refusal to Promote: A disabled worker may be consistently passed over for promotions that they are qualified for. An employer covered by the ADA or FEHA cannot use an employee’s disability against them to deny a promotion. If an employee can perform the essential functions of the job, they deserve a fair opportunity.
• Adverse Action Based on Disability: An employer in California cannot take adverse (unfavorable) action against an employee because of his or her disability. An employee treated less well than co-workers due to disability status may have a discrimination claim.
• Failure to Accommodate: Failure to make a sufficient effort to provide an employee with a reasonable accommodation for a disability may be discrimination under the law. Employers that fail to prove adequate reasonable accommodations are denying disabled workers access to fair and equitable opportunities.

You Have the Right to Report Disability Discrimination

You do not have to accept disability discrimination. The Americans With Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) both provide employees with legal protections against retaliation, As described by the Equal Employment Opportunity Commission (EEOC), retaliation is an unlawful practice that occurs when an employer attempts to punish an employee—harassment, suspension, demotion, termination, etc.—because that employee exercised a protected right under the law. If you believe that you were punished for reporting disability discrimination, it is imperative that you consult with an experienced employer retaliation attorney.

How California Disability Discrimination Lawyer Joseph E. Richards May Be Able to Help

The unfortunate reality is that too many disabled workers face barriers to fair and equitable opportunities in the workplace. Victims of job-related disability discrimination can endure serious personal and professional harm. As an experienced employee rights advocate, our founding attorney Joseph E. Richards fights proactively to help clients get justice. Along with other things, our Orange County & Riverside County disability discrimination attorneys will:

• Hear your story and explain the disability discrimination laws during a free consultation.
• Investigate our client’s disability discrimination case—gathering the key evidence.
• Devise a personalized legal strategy to help our client get the best possible outcome.

Contact Our Inland Empire Disability Discrimination Attorney for a Free Case Review

At the Law Office of Joseph Richards, P.C., our talented Inland Empire disability discrimination lawyers have the professional skills and legal experience to handle the full range of disability discrimination claims. If you or your loved one was subject to disability discrimination in the workplace, you need competent legal representation. Call us at (888) 883-6588 to schedule a free, confidential consultation. We handle disability cases in Orange County. Riverside County, and San Bernardino County.