Disability Discrimination / Accommodation
The Americans with Disabilities Act (ADA) and California law prohibits discrimination in the workplace based on disability and certain medical conditions (cancer and HIV/AIDS). The law also requires the employer to make “reasonable accommodations" for the known disability of an applicant or employee who can perform the essential functions of his or her job - unless doing so would impose an undue hardship on the employer.
A person is considered disabled if he or she:
- Has a physical or mental impairment that limits one or more major life activities; major life activities include caring for one's self, breathing, walking, thinking, concentrating, reproducing and working; or
- Has a record of such an impairment; or
- Is regarded as having or having had such an impairment or condition that has no present disabling effect, but may become a physical disability; or
- Has any health impairment that requires special education or related services.
California law also prohibits discrimination against employees because of cancer or HIV/AIDS.
California law protects employees with disabilities more broadly than the federal ADA. Our skilled disability discrimination lawyers can help you hold those that break either of these laws accountable.
Retaliation for Complaining About Discrimination
Retaliation for complaining about disability in the workplace occurs when an employer takes an adverse employment action - such as demotion, failure to promote, or termination - against an employee because he or she made a complaint of harassment or discrimination based on a protected characteristic. California law prohibits retaliation against an employee for opposing employment practices that an employee reasonably believes exist and believes to be in violation of the Fair Employment & Housing Act.
We can assist you with questions regarding reasonable accommodations for disabilities and represent you if you believe you’ve been subjected to disability discrimination.
On the other hand, we can provide advice and counsel to employers regarding whether a reasonable accommodation should be provided, as well as representation should an employee sue for disability discrimination.