Los Angeles Disability Discrimination Lawyer

Los Angeles Disability Discrimination Attorney

Have your rights under the California Family Rights Act, the federal Family and Medical Leave Act or the Americans with Disabilities Act been violated in the workplace?

You may be able to claim compensation for emotional distress, lost wages, lost benefits and other economic and noneconomic losses with the help of a Los Angeles disability discrimination lawyer. But such cases can involve complex factual and legal issues. You need strong and effective legal representation from experienced employment law attorneys.

At the Law Offices of Reisner & King LLP , we work tirelessly to safeguard the rights and interests of employees when employers violate their rights. We represent employees in litigation under:

• Family and Medical Leave Act (FMLA)
• California Family Rights Act (CFRA)
• Americans with Disabilities Act (ADA)
• Fair Employment and Housing Act (FEHA)
• Pregnancy Disability Leave Law (PDL)
• Other federal and California employment laws

Call us today at 818-981-0901 for a free consultation.

Disability Discrimination

When you have a disability that affects an important function, yet you are still able to perform your job duties, your employer must provide “reasonable accommodation” that allows you to do your job. Depending on the nature of the disability, this accommodation could be something as simple as providing a large computer screen or an adjustable height work surface.

It is important in such cases to understand the employer’s motivation as well as other important facts. When a person notifies the employer about a disability or medical condition, the employer has an obligation to learn about the condition and make reasonable accommodation. This mandatory process is called the good faith interactive process and is required of California employers that have been given notice of a disabling or potentially disabling condition.

If the employer fails to accommodate or to engage in the good faith interactive process and instead forces you to work without accommodation, terminates your employment or discriminates against you in other ways, you may have a claim under federal and California laws.

Examples of Disability Discrimination

Disability discrimination takes many forms. Some forms are overt, while others may be more subtle. Here are three examples that could provide legal grounds for filing a complaint:

• Failure to provide reasonable accommodations. Disabled workers often seek legal representation because their employer failed to provide reasonable accommodations at work. This type of workplace discrimination happens when an employer refuses to adjust a workstation or modify work schedules to accommodate an employee with a disability, even when such changes would not impose an undue hardship on the business.Two specific examples would include denying an employee with a mobility impairment the ability to work remotely or not providing a sign language interpreter for a deaf employee. Reasonable accommodation is generally seen as an allowance at work that isn’t cost-prohibitive to the employer.
• Discriminatory hiring practices. One example of this form of discrimination could happen when an applicant with a visual impairment is denied a job as a software engineer even though they have the necessary skills and experience. Employers cannot avoid considering hiring a disabled worker simply because the employer assumes they won’t be able to perform the job functions.
• Disability harassment. An employee with a disability who is subjected to derogatory comments, mockery, or other forms of harassment by colleagues or supervisors could hire an attorney to seek compensation from the at-fault parties.

Any form of disability discrimination is wholly unacceptable in any California workplace. Although protections under the Americans with Disabilities Act are substantial, it often takes the legal services of a workplace discrimination lawyer to enforce those rights.

What If You Have Suffered Discrimination?

If you think that your employer is discriminating against you because of a health condition or disability or you are not being hired or promoted for these reasons, Reisner & King lawyers may be able to help.

We will listen carefully to your account of what has happened to you at your job and conduct in-depth interviews to get to the bottom of the discrimination or harassment you felt. We will then undertake thoughtful mediation, skillful negotiation or aggressive litigation in court to achieve results for you.

The first step involves reviewing your case to fully understand the nature and severity of workplace harassment you had to endure. Having legal representation can benefit you greatly. Our lawyer may begin by reaching out to the employer to try to resolve the matter without the need to file an administrative complaint. If your employer agrees to resolve the matter through a settlement or another remedy, that could help you return to work and recoup lost wages.

In some cases, the next step would be to file an administrative complaint with the Department of Fair Employment and Housing (DFEH). Our law firm can help you by drafting the paperwork needed to file the complaint.

As the administrative process moves forward, we can keep you updated. If the administrative remedies are exhausted but you still have not been fairly compensated for your losses, our law firm can consider the possibility of taking legal action in court.

Tips for Finding the Right Law Firm

If you experience disability discrimination, you understand how emotional workplace misconduct can be. Finding the right attorney to represent you in negotiations with your employer can help you receive fair compensation for the hardships you have had to endure.

Some attorneys practice several areas of law. Look for an attorney who spends considerable time focused on employment law cases, particularly cases involving workplace discrimination. You can rely on personal referrals or online reviews for your initial research. Set up consultations with the attorneys you think can help you, and note how attentive they are during your meeting.

Come prepared with questions. An experienced lawyer should have insights into your case once you have described your ordeal. If the attorney appears empathetic and knowledgeable about your case, take that as a good sign.

FAQs

Q: Do I Need an Attorney to Combat Disability Discrimination?

A: You are not required to have an attorney to file a complaint with a government agency. Having legal representation can benefit you in several ways. Disability discrimination attorneys understand state and federal laws that protect disabled individuals. They can gather evidence that supports your claim and carefully draft filings so your claim is not delayed or denied.

If you experienced discrimination due to your disability, it is imperative that you find a lawyer who understands the steps to take to find the compensation that you deserve.

Q: What Is an Example of Disability Discrimination?

A: If you applied for a job and were granted an in-person interview only to hear later that another candidate was given the job, you may have grounds for a claim if the prospective employer made their decision based in part on your disability. You will need evidence that shows that you were passed up due to your disability. An attorney who has experience with disability discrimination can review your case to see if you have grounds for filing a complaint.

Q: What Forms of Compensation Can I Get for Disability Discrimination?

A: Financial compensation following a disability discrimination settlement can come in many forms. With the help of an experienced employment law attorney, you can receive compensation for lost wages, missed bonuses and raises, and damages for any pain and suffering caused by discrimination. Punitive damages may be awarded to penalize the employer for particularly egregious behavior.

Q: What Is the Statute of Limitation for Disability in California?

A: If you wish to file a civil rights complaint in California, you have three years to do so. This legal deadline is known as the statute of limitations, and there are few exceptions to this filing deadline. After three years from the date of the most recent Act of disability discrimination, you may lose the option of working with the Civil Rights Department to remedy your complaint.

You can reduce the risk of missing deadlines by hiring a disability discrimination lawyer soon after you experience discriminatory acts by your employer.

Q: What Are the Elements of Disability Discrimination?

A: Disability discrimination occurs when an individual with a disability is treated unfavorably in the workplace due to their condition. To establish a claim, your attorney must show that you are disabled, qualified for the job, and then faced an adverse employment action (such as termination or demotion) because of your disability.

Your lawyer can gather evidence that shows your employer failed to provide reasonable accommodations. There must be a causal link between the disability and the adverse action. Simply experiencing adverse actions in court is not sufficient to seek compensation for disability discrimination.