Oakland Disability Discrimination Attorney

It is unlawful for an employer to discriminate against its employees due to their disabilities. Both the Americans with Disabilities Act (ADA) and the California Fair Employment & Housing Act prohibit discrimination and also require that employers make reasonable accommodations for employees with disabilities. The employer cannot demote, fire, lay off, deny advancement, or provide any other benefits an employee is entitled to because of a disability.

At Minnis & Smallets LLP we help employees and employers in Alameda County with potential disability discrimination cases. Whether it is an employee who feels he or she has been wronged by an employer or an employer facing a disability discrimination lawsuit, our firm can help.

What is a Disability?

The definition of “disability” in the employment context is broad. A “disability” is a physical or mental condition that affects the employee’s ability to perform a major life activity, such as work. Some common disabilities can include:

• Heart condition
• Depression or anxiety
• Deaf or hearing impaired
• Back injury
• Paraplegic or quadriplegic
• Knee injury
• Blind or visually impaired

Employers are required to make reasonable accommodations for someone with a disability, which depending on the circumstances may include providing the employee with a leave of absence, intermittent leave, time off to attend doctor appointments, modified or special equipment, a transfer to another position, the ability to delegate non-essential job duties.

Potential Disability Discrimination

Disability discrimination includes:

• Terminating or demoting an employee due to the disability;
• Failing to promote an employee due to a disability;
• Discriminating against an employee after the employee takes FMLA time; or
• Failing to make reasonable accommodations for a person with a disability.

Potential employees may be worried about interview questions about their current medical condition and disability. However, California law does not allow employers to ask job applicants anything to do with medical conditions during the interview. Applicants can only be asked if they can perform the job they are applying for and how they will perform it.

Speak with an Oakland Disability Discrimination Attorney Today

Speaking with a skilled Oakland disability discrimination attorney is key when an employee believes that he or she has been discriminated against at work based on a disability. Contact Minnis & Smallets LLP at 415-551-0885 today to schedule an initial consultation.