Los Angeles Disability Discrimination Attorney

Los Angeles Disability Discrimination Attorney

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Title I of the Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations to employees with disabilities. Have you been repeatedly passed over for work promotion because of disability? Do you need reasonable accommodations for a physical or mental impairment that gets ignored by your supervisor?

The Law Offices of Jonathan J. Delshad, one of the top disability discrimination lawyers, can assist with any disability discrimination claims that employees or former employees might have against employers.

What is Disability Discrimination?

Disability discrimination can come in the following forms:

• Refusing to hire someone because of a perceived disability
• Refusing to select a disabled employee for a training program
• Demotion of a disabled employee because of their disability
• Reducing pay for no reason
• Denying a promotion if one is deserved or has been promised
• Denying reinstatement
• Denying benefits or disability accommodations
• Forcing an employee to quit because of refusal to accommodate a disability
• Harassment or hostile workplace environment
• Assigning different duties

Disability discrimination can apply in cases of mental disability or physical disability. Mental disability includes having any mental or psychological disorder or condition, such as organic brain syndrome, emotional or mental illness, or specific learning disabilities that limit a significant life activity. Under California law, a condition "limits" a major life activity if it makes the achievement of that activity difficult — a deliberately low bar, because the Legislature directed that the definition of disability be construed broadly in favor of coverage. Major life activities include physical, mental, and social activities, and working itself.

Discrimination against physical or mental disability is illegal according to the California Fair Employment and Housing Act. Employees may also rely on the Equal Employment Opportunity Commission guidelines to determine reasonable accommodations for themselves in the workplace. Furthermore, disability discrimination violates the ADA act as well.

Medical and Family Leave: FMLA and CFRA

Two different laws protect your right to job-protected leave, and they have different thresholds. The California Family Rights Act (CFRA) applies to employers with five or more employees and gives eligible employees — those with at least 12 months of service and 1,250 hours worked in the prior 12 months — up to 12 workweeks of job-protected leave per year for their own serious health condition, to care for a family member with a serious health condition, or to bond with a new child. The federal Family and Medical Leave Act (FMLA) provides similar leave but only applies to employers with 50 or more employees. Because CFRA reaches small employers, many California workers have leave rights they don't know about. If your employer denied you leave, interfered with it, or punished you for taking it — including eliminating your position while you were out — you may have claims for interference and retaliation. Separately, a leave of absence can itself be a reasonable accommodation for a disability under FEHA, even where CFRA does not apply.

Frequently Asked Questions (FAQ)

Do Mental Disabilities Include Addictions?

It depends on the condition — and this is an area where bad information costs people their rights. California law (Gov. Code § 12926) specifically excludes a short list of conditions from the definition of disability: sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and substance use disorders resulting from the current unlawful use of drugs. Alcoholism is not on that list — it can qualify as a protected disability under both California law and the ADA, although an employer may still hold every employee to the same performance and conduct standards, including rules against being impaired at work. And to be clear: cognitive and intellectual impairments are protected disabilities under California law. If you have been told your condition "doesn't count," get a second opinion from an employment lawyer before giving up.

How Can I Spot Disability Discrimination?

Unlawful disability discrimination can be difficult to spot right away. If you find that you’ve received different treatment or suffered more disadvantages because of how coworkers or managers handle your disability, document your experience and contact disability discrimination attorneys. Making fun of an employee’s speech impediment or way of talking can constitute a disability claim.

Do Los Angeles Disability Discrimination Laws Only Apply to Employees?

Fair and equal treatment doesn’t just apply to employees and former employees. It also applies to job applicants. If you’ve experienced strange, intrusive interview questions or have had a company deny an interview because of a perceived disability, you’ve suffered illegal discrimination.

What Are Examples of Disabilities that Require Accommodations?

Epilepsy, a learning disability, substantial hearing or vision loss, paralysis, and specific long-term diseases require accommodation. Some adjustments could include a flexible work schedule, accessible parking spots, the ability to sit or take rests, and improved accessibility.

What is an Interactive Process for Disabilities?

An interactive process helps to determine what a disabled employee needs specific accommodations. The employer and the employee work together to find solutions that support the employee with their work and that are within reason.

What are Examples of Reasonable Accommodations for Disabilities?

Reasonable accommodations can include reallocating duties, making certain facilities more accessible, acquiring adjusted equipment and devices, providing new software to help a disabled person, and so on.

Can an Unpaid Leave of Absence be a Reasonable Accommodation?

According to the Equal Employment Opportunity Commission (EEOC), unpaid leaves of absence count as reasonable accommodations to make in the workplace.