Discrimination

What does a disability discrimination lawyer do?

A disability discrimination lawyer represents employees who have been harassed because of a disability, were denied accommodations, were retaliated against, or were terminated because of their discrimination. And a disability discrimination attorney will help you file cases against your employer and make sure that you preserve the evidence, investigate the claims, and determine whether or not you actually have a claim or not.

If you believe that you've been discriminated against because of your disability, retaliated against, or terminated, or harassed because of the disability, you should contact an attorney who'll give you usually a free consultation to determine whether or not these things have happened.

California and federal law both require employers to engage in good-faith discussion, called the interactive process, once they know an employee needs a disability accommodation. This is a two-way conversation about what adjustments might work — not a single request that must be granted exactly as asked, and not a box an employer can check once and forget.

Where California goes further than the ADA

California's FEHA defines disability more broadly than the federal ADA. It covers conditions that only need to limit a major life activity to some degree, not substantially, and it protects employees regarded as having a disability even if they don't actually have one. That means more employees qualify for protection in California than federal law alone would cover.

Where the line actually is

Having a disability doesn't make an employee untouchable — an employer can still enforce real job requirements and address genuine performance problems. What the law requires is a real attempt to accommodate first. If that step was skipped, rushed, or never happened, that gap is usually the strongest part of a claim.

NoteGeneral information, not legal advice. Attorney advertising.
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