Disability rights protected by disability employment statutes protect disabled workers from discrimination. Disability discrimination includes a wide variety of situations involving wrongful termination, failure to hire or promote, and other mistreatment of employees based on disability status. At The Law Office of Bowman and Associates, APC, we help people who have been the victims of disability discrimination.
The Americans with Disabilities Act, or ADA, protects people with disabilities from discrimination. Employers are required to make reasonable accommodations to allow people with disabilities the opportunity to work like every other American. A failure to accommodate can lead to a discrimination lawsuit. The ADA protects people from being fired because of a disability, but it also protects people from being fired for a perceived disability, even where the disability does not exist. When the disability is unrelated to job performance, employers are not allowed to fire or refuse to hire the disabled person.
The ADA protects people from harassment and wrongful termination, as well as requiring reasonable accommodation for disabled people. The protected class includes people with certain mental disabilities, physical disabilities, and substance abusers who are in treatment. Whatever the basis of the disability discrimination, it is important to have a lawyer familiar with disability and employment litigation to protect your best interests. From negotiating settlements or obtaining reasonable accommodations, to pursuing litigation through trial, our attorneys have the experience and the dedication to help you protect and enforce your rights.
Under both the FEHA and the ADA, employers cannot discriminate based on a disability or serious medical condition when hiring, firing, laying off, considering promotions, offering benefits packages, or taking any other job-related action. Government employers, labor unions, and employment agencies are all subject to these laws (in particular, Title I of the ADA).
These protections cover both employees who are actually disabled and those who are merely perceived to have disabilities. Even if the employee has no actual underlying disability, the employer may be held liable for disability discrimination if a perceived disability was the basis for different treatment.
In California you are considered disabled if you have a condition affecting you which limits one or more major life activities, i.e. the condition or disability limits (makes more difficult) your ability to engage in a major life activity such as breathing, seeing, walking, caring for yourself, working, social activities, reading, eating, digesting, hearing, speaking, etc. Disabilities can be physical or mental such as developmental disorders, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. They can be the result of items that are apparent to the eye such as being wheelchair bound, using a cane, being disfigured, having an amputated body part, or they can be subtle, not readily apparent such as heart problems, berating difficulties, depression, anxiety, gastrointestinal difficulties, sleep apnea, etc.
If you have been a victim of disability discrimination, or are an employer being challenged, contact an experienced disability discrimination attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation today.