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. A mental or psychological disorder or condition limits a major life activity if it makes achieving a goal challenging or brings about undue hardship. Major life activities include physical, mental, and social activities and working.
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.
What is Disability Discrimination?
If your employer has more than five employees and you are pregnant or need to care for immediate family members who have severe health conditions, the federal Family and Medical Leave Act and the California Family Rights Act allow you to take a leave of absence to care for your newborn or to care for your ill family member. If your employer refuses to give you this leave or removes your position while you are gone, you may be able to file a lawsuit for denial of reasonable accommodations. The employer cannot terminate your employment or retaliate against you for taking this type of leave.
Frequently Asked Questions (FAQ)
Employers may terminate employment if workers are drunk, steal due to kleptomania, or compulsively gamble. While addictions like alcoholism or gambling are mental illnesses, they are not protected as a disability according to California law. For cognitive impairments, disability discrimination does not apply.
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.
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.
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.
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.
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.
According to the Equal Opportunity Employment Commission, unpaid leaves of absence count as reasonable accommodations to make in the workplace.
