Disability Discrimination Lawyer Near Me

Protecting the Rights of Employees with Mental or Physical Disabilities

The law recognizes that individuals with disabilities deserve to earn a living when they are capable of performing their job duties. Unfortunately, many employers underestimate the abilities of people with disabilities, and they might want to avoid hiring, retaining, or promoting such employees. They also might want to avoid having to accommodate employees who might need additional assistance due to their disabilities. The law seeks to protect the rights of disabled applicants and employees against unlawful discrimination.

When you contact the law firm of Minnis & Smallets, our legal team can advise you whether you have experienced unlawful discrimination based on a disability. We can advise you on how to proceed and will handle every step of your case. Speak with a disability discrimination lawyer near you for more information. 

Disabilities Under the Law

Both the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) set out specific protections for people with actual or perceived disabilities. Disabilities can be mental or physical in nature, and many conditions might qualify as a disability under the law. Generally speaking, a disabling condition is one that limits someone’s ability to engage in a life activity, such as work, in the same capacity as others. This may or may not involve the impairment of a body part or function.

Some conditions that could be protected disabilities include:

• Chronic health conditions, including HIV/AIDS, hepatitis, diabetes, or heart disease
• Long-term illnesses including cancer and genetic conditions
• Neurological impairment
• Hearing or vision impairment
• Cognitive or learning disabilities
• Any other mental or physical conditions that affect your ability to perform life activities

You do not have to have a diagnosed disability to be protected. If it appears that you might have a disability, you are still protected from discrimination. 

Protections for Disabled Applicants and Employees

The ADA and FEHA both protect your right to work as long as your disability allows you to perform the job with or without accommodation. If you are qualified for a position, you should be considered along with other qualified applicants, and an employer may not refuse to hire you solely because of your disability. Some protections for disabled individuals include:

• Equal hiring opportunities
• Not being asked about a disability in interviews or on applications
• Not having to undergo a medical exam if others in that position do not have to
• Having fair opportunities for promotions and pay increases
• Having reasonable accommodations provided to help you perform your job
• Not being subject to harassment based on your disability
• Not being terminated due to your disability

You also have the right to complain of possible harassment or discrimination, or request a reasonable accommodation, without the fear of losing your job or another type of adverse employment action. Employers may not lawfully retaliate against employees who exercise these rights under the law. 

Consult with a Disability Discrimination Lawyer Near You about a Possible Case

The law firm of Minnis & Smallets works to uphold the rights of disabled employees and to obtain legal and financial relief if unlawful discrimination occurs. Contact us to discuss your situation with a disability discrimination lawyer near you.