San Francisco Disability Discrimination Lawyer

San Francisco Disability Discrimination Attorney

Workers with disabilities are an essential and valued segment of San Francisco’s workforce. They contribute significantly to the city’s diversity and productivity. Sadly, this integral part of the city’s workforce can face discrimination when employers do not make reasonable accommodations for these workers. If your employer fails to provide reasonable disability accommodations, you can hire a San Francisco disability discrimination lawyer for help.

At Theory Law APC, our founding lawyer firmly believes in the inherent dignity and equality of all employees in San Francisco. That’s why we tirelessly fight disability discrimination. We offer prospective clients a free consultation so you can learn about our important legal services that can help you find compensation for your losses and ensure your rights are protected. A San Francisco employment lawyer could be the resource you need.

Why Choose Theory Law APC?

Every employee in San Francisco has the right to work in a discrimination-free environment. At Theory Law APC, we recognize the critical importance of workplace rights for individuals with disabilities. We leverage our experience and knowledge of the law to advocate for the rights of those facing disability discrimination.

Individuals with disabilities often encounter numerous obstacles when pursuing justice in civil courts. With our experienced legal team by your side, you can receive fair compensation for the emotional and financial toll of discrimination.

We prioritize direct access to attorneys and offer transparent, contemporary legal services tailored to your needs. Whether you’re confronting workplace discrimination, retaliation, or wrongful termination due to your disability, we are here to help you assert your rights and achieve the justice you deserve.

State and Federal Protections for Disabled Workers

California’s disabled workers are protected under both state and federal laws. The landmark civil rights law, the Americans With Disabilities Act (ADA), provides a wide range of protections against workplace discrimination. The law covers places of work with 15 or more workers.

California’s Fair Employment and Housing Act (FEHA) provides broad protections that encompass a wide range of categories. The FEHA is often a vital legal resource for disabled workers seeking justice and accountability. FEHA protections apply to businesses with five or more workers.

Your employment law attorney will likely have to prove that you have a recognized disability, performed the duties of your job as required, were the victim of workplace discrimination, and suffered some form of injury as a result of disability discrimination.

Examples of Disabilities

Some examples of disabilities could include:

Physical impairments, such as the use of glasses, hearing aids, speech aids, or the loss of a limb
Learning disabilities, including ADHD or dyslexia
Chronic illnesses, such as HIV, rheumatoid arthritis, or diabetes
Mental health conditions, including depression, bipolar disorder, anxiety, or PTSD
Pregnancy and related medical issues
Cancer
Any other medical condition that restricts daily activities

Physical disability does not include behavioral disorders such as compulsive gambling, substance use disorders, or kleptomania. If you have questions about your eligibility to seek compensation following workplace discrimination, promptly consult with an employment law attorney.

Common Examples of Workplace Discrimination

Disability discrimination can manifest in both subtle and overt ways. When disabled workers receive unfair treatment due to their protected characteristics, they may qualify for relief under either state or federal anti-discrimination laws.

Here are some of the more common examples of discrimination that workers may face in San Francisco.

Failure to Accommodate: Employers are legally required to provide reasonable accommodations. For example, if an employee with a visual impairment requests a larger computer monitor but is denied that request, the worker may have legal grounds for hiring an attorney and filing an administrative complaint.
Unequal Treatment: Disability discrimination can occur when a worker with a chronic illness discloses their condition to their supervisor and requests a flexible work schedule to manage medical appointments. If the employer begins to subject the employee to unfair treatment, such as assigning them less desirable tasks and excluding them from team meetings, the differential treatment could be grounds for a discrimination claim.
Wrongful Termination: Wrongful termination of a disabled employee is a serious offense under state and possibly federal law. An example would be an employee with a mental health condition taking a leave of absence to seek treatment. Upon returning, the employer terminates the employee, claiming that their absence was disruptive.
Harassment Based on Disability: Workplace harassment could also be considered disability discrimination. Suppose an employee with a learning disability is repeatedly mocked by coworkers for their struggles with certain tasks. This creates a hostile work environment, which is a form of disability discrimination under California law.

Examples of Reasonable Accommodations for Disabled Workers

Reasonable accommodations allow disabled workers to perform their work duties without placing a significant burden on the company.

Here are some common examples:

Flexible Work Hours: Flexible work hours allow disabled employees to alter their schedules to accommodate medical appointments or energy levels. These types of accommodations can significantly enhance their productivity and well-being.
Remote Work Options: Individuals who struggle with transportation or need a quieter environment could be helped when their employers permit remote work as an effective accommodation.
Assistive Technology: Providing certain equipment, such as screen readers, voice recognition software, or ergonomic keyboards, can help employees with various disabilities perform their tasks efficiently.
Modified Workspaces: Workspace modifications are some of the most common types of accommodations that disabled workers can ask for. Installing ramps, accessible restrooms, or adjustable desks, can help employees navigate their environment comfortably and safely.
Training and Support: Offering additional training for coworkers to foster understanding and support can create a more inclusive workplace.

These accommodations are essential for promoting equal opportunities and enhancing the job performance and satisfaction of disabled workers. It ultimately benefits the entire organization.

Tips for Finding the Right Disability Discrimination Attorney

Disability discrimination law is a very specific area of focus for employment law attorneys. Not every lawyer who deals with employment-related cases has experience helping disabled workers successfully claim compensation following workplace discrimination.

The first step you should take when seeking justice is to find an attorney who has represented disabled workers and successfully received compensation for them through filing an administrative action or through the courts. Finding an attorney who is empathetic and compassionate can also help. When your lawyer truly understands what you’ve been through, they are more likely to do the work necessary to hold the at-fault employer accountable.

You can start by reading online reviews or asking for personal referrals. After that, a consultation with the lawyer can be set up. Reputable attorneys may offer a consultation at no cost, and anything you say is fully confidential. If the attorney is attentive to your story and can describe possible remedies for your case, consider that as a sign that you found a quality attorney who cares about protecting disabled workers’ rights.

San Francisco Disability Discrimination FAQs

Q: What Disabilities Are Protected in California?

A: In California, several disabilities are protected under the Fair Employment and Housing Act (FEHA). This includes physical disabilities, mental disabilities, and medical conditions such as cancer, diabetes, epilepsy, and HIV/AIDS. Additionally, conditions related to pregnancy and temporary disabilities are also covered, ensuring individuals are safeguarded against discrimination in the workplace.

Q: What Are the Elements of Disability Discrimination?

A: The elements of disability discrimination include the following:

The employee has a recognized disability.
The employer took adverse action against the employee.
There is a connection between the disability and the adverse action
The employee was qualified for the job or position despite the disability.

An employment lawyer can help you gather the evidence needed to prove your employer is at fault for committing disability discrimination.

Q: What Is the Employment Law for Disability in California?

A: Disability discrimination is unlawful under both federal and state laws. The Americans with Disabilities Act is a landmark legislative act that protects disabled workers in businesses with 15 or more workers. Many workers qualify for protection under California’s Fair Employment and Housing Act. Your employment law attorney can review your case before determining which governmental agency to file an administrative claim with.

Q: What Is the Equality Act for Disability Discrimination?

A: The Equality Act for Disability Discrimination is a significant piece of legislation that consolidates and strengthens protections against discrimination for individuals with disabilities. Enacted in 2010, the Equality Act protects people from discrimination based on a range of characteristics, including disabilities. The act sets a high standard for protecting disabled individuals from harassment and unfair treatment at work.

Schedule Your San Francisco Disability Discrimination Consultation Today

Workplace discrimination is never acceptable. Although workers have protections under state and federal laws, protecting workers’ rights usually requires the help of an employment law attorney. An attorney will understand how to properly file administrative complaints and complete other necessary legal actions.

At Theory Law APC, we take workplace discrimination seriously. Our founding lawyer is an experienced disability discrimination attorney who has helped many disabled workers receive the compensation they deserve. We welcome you to set up a free consultation so we can learn more about your case and explain how our legal services can help.

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.