Orange County Disability Discrimination Lawyer

Orange County Disability Discrimination Attorney

The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect disabled workers and applicants from discrimination. These laws also require employers to make reasonable adjustments for people who need them to do their jobs. An Orange County disability discrimination lawyer can help you if you’ve been denied a reasonable accommodation, passed over for a raise, or treated unfairly in other ways at work because of your disability.

Why Choose Aitken Campbell Heikaus Weaver, LLP?

At Aitken Campbell Heikaus Weaver, LLP, we are knowledgeable about the ADA and FEHA, two very important laws for people with disabilities. We can protect the rights of disabled workers and make employers responsible if they break the law.

The lawyers at Aitken Campbell Heikaus Weaver, LLP are passionate about justice and believe that everyone should be treated fairly at work. We give each client individual care, fight for their rights, and have a history of winning employment law cases. Let us help you fight against injustice based on your disability.

Protection by the ADA

The ADA does not require all employers to follow its rules. People who work for private companies, state and local governments, and labor unions with at least 15 workers must follow this statute.

The ADA likely protects you if you have a disability that makes it hard for you to do a big part of your job. This includes conditions that make it difficult to walk, hear, see, learn, or speak. Other qualifying disabilities may affect critical body parts, like the nervous, endocrine, reproductive, or gut systems.

The ADA also covers people who have had a disability in the past or who are thought to have a disability, even if they didn’t. The ADA strongly protects you against discrimination if you are in one of these groups and are otherwise qualified for the job.

What Is a Disability Under the ADA?

According to the ADA, a disability is a mental or physical issue that makes it very challenging to carry out one or more important life tasks. Some of these activities are simple, like getting dressed, eating, or walking. Others are more complex, like making sure your cells grow normally, or your nervous system works correctly.

Just because you are disabled under the ADA doesn’t mean you are automatically protected. You must also be “otherwise qualified” for the job to benefit from this law. This means you have the education, training, or experience to do the job and can do the most important parts of it with or without an acceptable accommodation.

For instance, a receptionist needs to be able to answer the phone, and a warehouse worker needs to be able to lift big boxes. These are important skills that define their jobs.

What Are Reasonable Accommodations?

The right to fair accommodations is one of the most important parts of the ADA. It is the employer’s responsibility to make changes to the work setting that are reasonable and help disabled people do their jobs. Some examples of fair accommodations include:

• Changing the height of a desk so that people in wheelchairs can use it
• Providing assistive technology, like screen readers or apps that you can control with your voice
• Giving people with conditions like ADHD a quieter place to work

It is important to remember that companies are not required to make accommodations that would cause “undue hardship,” which means they would be too expensive or disruptive for the business. However, many accommodations are easy to make and don’t cost much. Employers should fully assess the case before determining if it would cause undue hardship.

Examples of Discrimination Against People With Disabilities

Discrimination based on disability can show up in many ways, some of which might not be clear at first. If you’ve been through any of the following, you may have a case under the ADA or FEHA:

• Failure or refusal to provide an accommodation. If you ask, your employer must make a fair accommodation for you as long as it doesn’t make things too hard for them.
• Hiring discrimination. An employer cannot refuse to hire someone on the sole basis of their disability.
• Harassment. Making fun of someone’s condition with jokes, insults, or other offensive behavior is considered disability-based harassment. It is also against the law if it makes the workplace hostile.
• Getting fired or laid off. Employers can’t pick out disabled workers to be fired, demoted, or subjected to other negative employment actions. These kinds of choices should be based on performance and what the business needs.

FAQs

Q: What Is an Example of Disability Discrimination?

A: When an employer declines to make a reasonable accommodation, such as modifying a workstation to accommodate wheelchair access, that is one example of disability discrimination. Another instance would be if an employer refused to give a qualified worker a promotion or a job opportunity because of their disability, even though the worker can accomplish the necessary tasks of the job with or without accommodations.

Q: What Are the Elements of Disability Discrimination?

A: Disability discrimination consists of four elements:

1. The individual is qualified for the job or opportunity.
2. They have a qualifying disability as defined by law.
3. They have requested or need reasonable accommodations.
4. The employer has taken adverse action due to the disability, such as firing, demoting, or refusing to make accommodations.

Q: How Does Discrimination Affect People With Disabilities?

A: Disability discrimination can seriously impair people by preventing them from advancing in their careers, finding employment, and receiving equitable treatment at work. It may result in feelings of loneliness, financial instability, and mental misery. People with disabilities may have worsening mental and physical health as well as decreased productivity if they experience discrimination on a regular basis.

Q: What Are the Causes of Disability Discrimination?

A: Bias, ignorance, or misconceptions are frequently the root causes of disability discrimination. It is a common misconception among employers that workers with disabilities are less productive or too expensive to accommodate. Inadequate training on employment modifications, societal stigma, and ignorance of disability rights are further factors that lead to discriminatory hiring, promotion, and retention practices.

Contact Our Experienced Orange County Disability Discrimination Lawyer

In 1990, Congress passed the ADA having found that “physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination.” 42 C.F.R. § 12101(a)(1)(1990). The Americans with Disabilities Act is a civil-rights law that provides certain protections for Americans with disabilities. If you feel you have been discriminated against due to a disability in Orange County, contact Aitken Campbell Heikaus Weaver, LLP.