Riverside Disability Discrimination Lawyers
Protecting Workers from Disability Discrimination in Workplaces Across Southern California
California employees are protected from discrimination in the workplace under both state and federal law. Employees with physical or mental disabilities must be granted reasonable accommodations where possible, and they must not be subjected to adverse employment action as a result of their disability.
If your employer refuses to make any accommodation for your condition, if you have been fired, turned down for a promotion, or otherwise denied a benefit of employment due to your disability, or if you have experienced any other form of disability discrimination or harassment in the workplace, call a dedicated California workplace discrimination attorney at Ochoa & Calderón today. We’ll help you get the accommodations you are owed, obtain the benefits you are due, and hold unscrupulous employers accountable for any wrongful conduct.
State and Federal Disability Discrimination Laws
The Americans With Disabilities Act (ADA) applies to employers across the country that have 15 or more employees and includes state and local government employers, labor unions, and employment agencies. The ADA protects individuals with a qualifying disability from discrimination in the workplace. The ADA defines a person as disabled if they:
- Have a physical or mental disability that substantially limits one or more major life activities;
- Have a record of or otherwise prove a history of such an impairment; or
- Are perceived by others as having such impairment
A qualified employee is an employee or applicant with a disability who, with or without reasonable accommodation, can perform the essential functions of the job in question. Because of the ADA, a covered employer cannot engage in targeted discrimination against qualified employees with disabilities and must make reasonable accommodations where possible to permit the employee to perform those job duties.
California laws include even broader protections for employees against discrimination based on disability. The California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act all protect individuals with disabilities against discrimination. California law includes a broader definition of disability (including a “limitation” even if not a “substantial limitation” under ADA rules), and applies to more employers; nearly all California employers are covered by FEHA.
You might have experienced unlawful discrimination if you were fired, refused a job, denied a promotion, denied benefits, denied medical leave, or otherwise suffered any adverse employment action as a result of your disability. Your employer might also be violating anti-discrimination laws if they fail to make reasonable accommodations for you to do your job.
What Are Reasonable Accommodations?
California and federal laws require employers to make reasonable accommodations for employees with disabilities. Your employer does not need to spend millions to redesign the entire building or pay you for a job you are simply unable to perform, but if you are able to work with reasonable accommodations to allow for your condition, your employer is required to make the effort. Reasonable accommodations might include, but are not limited to:
- Wheelchair ramps and other accessibility devices in the building and your workspace
- Modifications to your work schedule, such as additional breaks to take care of medical needs
- Medical leave or extension of your medical leave
- Adjustments of your duties
- Permission to work from home
- Reassignment to another position or location
- Adjustment to workplace policies or additional training
- Interpreters or other assistance during the interview or on the job
Employers do not need to make accommodations that would pose an “undue hardship”–meaning an accommodation that would cause substantial difficulty or expense that is unwarranted in light of factors such as the employer’s size, financial resources, and the nature of its operations. Talk to a seasoned disability discrimination attorney at Ochoa & Calderón to discuss what accommodations might be appropriate and reasonable at your workplace, and how to obtain those accommodations from your employer.
Workplace Disability Discrimination Attorneys Representing Clients in Riverside and Across Southern California
If you have experienced discrimination in the workplace in violation of California state or federal law, reach out to Ochoa & Calderón for a free consultation. We take appropriate cases on a contingency fee basis, meaning we only charge a fee if we are successful on your behalf, and our fees come as a percentage of the amount we recover for you. You’ve got nothing to lose by calling now, but you could miss out on enforcing your legal rights if you wait too long. Call us at 951-901-4444 in Riverside or throughout Southern California at 844-401-0750. Our lawyers are ready to fight for you.