Disability discrimination is an issue that plagues many workplaces in San Diego, despite state and federal legal protections for workers with disabilities. At Fairchild Employment Law, our team is committed to helping workers who have experienced disability discrimination and related harm, such as wrongful termination, seek justice. Contact us today to discuss your individual case with our San Diego employment lawyers at no cost or obligation.
Why Choose Our Disability Discrimination Lawyers?
- Our attorneys have decades of experience representing wronged workers in San Diego.
- We know how the other side operates, as we are led by a former defense attorney.
- We recently achieved a $650,000 case result for disability discrimination in California.
- You will receive one-on-one attention and care from your attorney every step of the way.
- You won’t pay your disability discrimination lawyer anything unless you win your case.
How We Can Help
At Fairchild Employment Law, you will have a caring advocate and confidant through every step of your disability discrimination claim. Jillian Fairchild and her team will be in your corner to get you the fair treatment that you are legally entitled to in the workplace. We can go up against powerful employers in San Diego to hold them accountable for violations of federal and state disability laws.
As your disability discrimination attorneys, we will help you understand your rights and options for making a financial recovery as a victim of disability discrimination. We can file a claim or lawsuit on your behalf to seek compensation for the losses you suffered, including collecting key evidence, interviewing witnesses, and hiring any necessary experts. You do not have to take on your employer alone.
What is Disability Discrimination?
Disability discrimination refers to treating a worker who has a disability differently or less favorably. It can refer to various types of harassment, unfair practices or work policies, and adverse employment actions taken by employers based on the individual’s disability.
Examples include:
- Refusing to hire an individual because of a disability
- Terminating a worker’s employment after learning of a disability
- Refusing to offer reasonable disability accommodations
- Delaying requested disability accommodations without a legitimate reason
- Harassing or demeaning a worker based on his or her disability
- Retaliating against an employee who requests medical leave
Disability, medical conditions, genetic characteristics, and genetic information are all protected classes, meaning a worker cannot be discriminated against in the workplace because of them. Individuals with physical and mental disabilities are legally protected under the California Fair Employment and Housing Act, the Americans with Disabilities Act, and various other laws.
Disability Discrimination Laws in California
California has some of the strongest protections in the country for workers with disabilities. Both state and federal laws make it illegal for employers to treat an employee (or job applicant) unfairly because of an impairment.
The main state law that covers this area is the FEHA mentioned above. It applies to all employers with five or more employees and protects workers from discrimination based on a disability. The law also requires employers to provide reasonable accommodations that allow employees to perform their essential job duties.
At the federal level, the ADA (also discussed above) offers similar protections. Like the FEHA, the ADA requires employers to engage in a good-faith, interactive process with workers who request accommodations. However, California’s law generally provides broader coverage and stronger remedies.
Examples of disability discrimination may include:
- Refusing to hire someone because of their disability
- Firing an employee after they disclose a condition
- Denying accommodations such as modified schedules and assistive devices
- Failing to engage in the required interactive process
- Retaliating against an employee for requesting an accommodation
If your employer has taken any of these actions, you may have the right to take legal action.
What Makes Accommodations Reasonable?
A reasonable accommodation is any adjustment to a work environment that allows a person with a disability to perform their essential duties. Employers must consider these requests unless doing so would create an “undue hardship,” meaning significant difficulty or expense based on the size and resources of the business.
Examples of reasonable accommodations in the workplace include:
- Providing special equipment and technology
- Allowing flexible schedules
- Offering remote work options when possible
- Modifying job duties
- Reassigning to an open position
- Making facilities accessible (such as ramps)
- Providing additional breaks and leave for medical treatment
Whether an accommodation is considered reasonable depends on the facts and circumstances of the situation. For example, what’s reasonable for a large corporation may not be for a small business. However, employers cannot simply reject a request without exploring alternatives and discussing the issue with the employee.
Both FEHA and the ADA require an interactive process to find an accommodation that works for both sides. Failing to participate in this process can itself be a form of discrimination.
Proving a Failure To Provide Accommodations
To prove that your employer failed to provide reasonable accommodations, you’ll need to show several key facts. First, that you had a qualifying disability under FEHA or the ADA. Second, that you were able to perform your job’s essential functions with an accommodation. Third, that you made your needs known to your employer, and they failed to act appropriately.
Evidence in these cases can include emails or messages about your requests, performance reviews, witness statements, and documentation from your doctor. You may also need to show that your employer refused to discuss options or ended the interactive process prematurely.
If you can prove these elements, you may be entitled to remedies such as back pay, reinstatement, emotional distress damages, and attorney’s fees. In some cases, punitive damages may be available as well for willful violations.
As these cases often involve detailed records and legal deadlines, it’s best to speak with an experienced San Diego disability discrimination lawyer as soon as possible. Your attorney can help you gather the necessary evidence and take action on your behalf from there.
Your Rights as a Victim of Disability Discrimination in San Diego
Employers in San Diego are required to make reasonable accommodations to enable people with disabilities to perform their jobs and have equal opportunities as workers without disabilities. The failure to do so is a legal violation that can have consequences for the employer, including civil penalties.
As a victim, you have the right to seek justice against an employer in San Diego for disability discrimination. Legal remedies such as financial compensation for your past and future related losses, employer accountability, and policy changes at the company may be available to you. Our San Diego employment lawyers can help you fight for a positive case outcome with a tailored legal strategy.
Request a Free Disability Discrimination Consultation in San Diego
If you were asked about your disability during a job interview, your employer required a medical exam without justification, or you were demoted or fired based on your disability, you may have grounds to file a discrimination claim in San Diego County. Fairchild Employment Law can guide you through this legal process from start to settlement to make sure justice is served. Contact us at (619) 306-1454 today to start with a free consultation.