Riverside Disability Discrimination Lawyer

Riverside Disability Discrimination Attorney

If you have experienced any form of discrimination in the workplace, you should contact a Riverside disability discrimination lawyer. Employees in the state of California are protected from unlawful discrimination because of their disabilities. Employers cannot treat employees or applicants unequally due to their disabilities. These protections apply to both physical and mental disabilities.

Laws That Protect California Employees.

There are state and federal laws in place that protect employees from discrimination in the workplace on the basis of disabilities. California employers must operate under the guidelines set forth by The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Some of the guidelines mandate that:

Employers cannot evaluate an applicant or employee based on their perceived or actual disability.
Employers must respond and evaluate an employee’s request for a reasonable accommodation within a reasonable time frame, and the response must be in good faith.
Employers are prohibited from asking about the seriousness or the severity of the applicant’s or employee’s
Employers are prohibited from asking an applicant to take a psychological or medical examination that other applicants are not required to take.

If you have experienced any of these issues from an employer in Riverside, you may be eligible to pursue legal action against an employer. Engaging a qualified and experienced discrimination attorney could help you get the fair compensation that you rightfully deserve.

Physical Disabilities

A physical disability can be defined as something that causes physical limitations that inhibit the physical use of limbs of a certain person. A physical disability can be permanent or temporary. Physical disabilities can result from a car accident, injury, post-surgery, or heredity. Some examples of physical disabilities can include:

Spinal cord injuries. Spinal cord injuries can result from damage to the spinal cord or nervous system. It can result in permanent loss of function, mobility, or strength in the spinal cord and lead to permanent trauma.
Any form of amputation can be considered a physical disability. Amputation is the permanent removal of a body part. Amputation can result from an accident, surgery, attack, or warfare.
Cerebral palsy. Cerebral palsy symptoms can vary from person to person, and there are a few different types. It is typically caused by unusual brain damage or development that significantly limits an individual’s ability to use muscles. It is a common motor disability that appears at birth.
Musculoskeletal injuries. Musculoskeletal injuries can be some of the most common work-related injuries, and they typically occur due to strenuous work activities. This is a disease that can develop from workers having to engage in frequent and repetitive activities that require them to hold awkward postures or positions, leading to the possible development of the disease.
Spina bifida is a birth defect that occurs when the spinal cord and spine are not properly formed.

Mental Disabilities

Employees are also protected against discrimination for mental disabilities. The field of mental disabilities can include:

Anxiety. There are several types of anxiety disorders, and if left untreated, they can lead to significant mental impairments.
Post-traumatic stress disorder. For people who have experienced a serious or traumatic event, it could lead to severe post-traumatic stress. Events such as a sexual assault, a war-related incident, or a serious accident could cause victims to suffer from post-traumatic stress.
Bipolar disorder. Bipolar disorder is a form of mood disorder. It can often be triggered by environmental stresses. It is important that an employer tries to establish reasonable accommodations for employees experiencing this disability.
Depression. Depression can come in varying levels and degrees. Serious symptoms can lead to a heightened risk of suicide or depression.

Negotiating a Reasonable Accommodation

It is important to understand that it is the employee’s job to disclose the disability if they want to make a request for reasonable accommodations to be made. Once the employer is informed of the disability and the request, they are legally required to engage in a flexible, interactive process that brainstorms what the accommodations could look like.

The accommodations cannot put an undue amount of strain on the employer, but they must be reasonable, effective, and practical.

As an employee, you may not get the exact accommodation that you request, but the employer should be willing to negotiate with you. The steps for requesting a reasonable accommodation could be outlined as follows:

Make the initial request. The first item to address is figuring out how you are going to make the request and to whom it should be sent. It can be done through an email, letter, or in-person meeting, etc. The ADA does not provide any official forms for an accommodation request, but your employer may have their own forms for you to fill out.
Explain why you need an accommodation and provide some ideas. It is important to explain why you believe that you need the accommodation so that your employer understands that you are making a request under the ADA. It is also a good idea to provide some ideas of what accommodations could be offered and also be prepared to explore all options.
Follow up. The timeline for completing a reasonable accommodation request can vary, and different factors can influence the process. Once you have submitted your request, it is important that you follow up accordingly.
Assess the accommodation. Once your employer has provided the accommodation, it is your responsibility to assess it and let your employer know if the accommodation does not work for you.

FAQs

Q: What Is an Example of Disability Discrimination?

A: An example of disability discrimination is firing or demoting an employee because of their disabilities. It is illegal for an employer to take any form of adverse or negative action against a qualifying employee due to their disability. Adverse or negative actions can include refusing to assign priority projects, unfair disciplinary actions, denying deserved promotions, cutting benefits, reducing pay, salary, or benefits, or terminating employment altogether.

Disability discrimination is a serious offense, and it often requires the help of an experienced disability discrimination lawyer to help resolve.

Q: How Can We Solve Discrimination Against Disabled People?

A: To help solve discrimination against disabled people, a few different things can be done, including supporting and employing disabled people, making the workplace as accessible as possible, speaking to and highlighting topics such as disability, injury, harassment, and abuse, creating allies in the workplace, and making sure that managers properly understand their roles and responsibilities to all of their employees. Employees and employers are encouraged to speak up against disability discrimination.

Q: What Does EEOC Consider a Disability?

A: The EEOC considers a disability to be the same as defined by the Americans with Disabilities Act of 1990 (ADA). Although broadly defined, the ADA considers an individual to have a disability if they have a physical or mental impairment that significantly limits their major life activities and they have a record of such impairment.

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title I of the ADA. Title I of the ADA prohibits private and public sector employers from discriminating against employees.

Q: What Federal Law Protects Disability Discrimination?

A: The Americans with Disabilities Act (ADA) protects against disability discrimination. The act prohibits employers from discriminating on the basis of disability in employment, transportation, telecommunications, commercial facilities, public accommodations, and state and local governments.

The act applies to both public and private sector employers. Title I of the ADA is enforced by the EEOC, and it protects the rights of disabled employees. Title II of the ADA protects disabled employees from discrimination by state and local governments, and it is enforced by the US Department of Justice.

Q: What Is a Reasonable Accommodation?

A: A reasonable accommodation is an adjustment or modification to a job that an employee has the legal right to request. It ensures that the employee or applicant with a disability can either participate in the application process or reasonably perform the duties of the job. An accommodation can also help ensure that an employee with a disability can receive the same privileges and rights in employment as employees without any disabilities.

A Law Firm That You Can Trust

If you or someone you know has experienced any form of discrimination from your employer, you should immediately engage the help of a qualified and experienced civil rights lawyer. No employee should have to face any form of discrimination while in the workplace. It is important that employers or parties who demonstrate discrimination be held accountable for their actions. It can be difficult to navigate a discrimination case, but an employment lawyer can help.

At Theory Law, our legal team understands how to successfully resolve a disability discrimination case under California state law. Our team has demonstrated experience helping individuals all across California resolve their discrimination cases. Anyone who has been discriminated against deserves to have fair legal representation from a qualified attorney. Contact our offices today to see how we can support you through your case.

How Can Theory Law Help You?

If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.