Employees with physical or mental disabilities often face discrimination in hiring and in their work environment, including their employer refusing to accommodate their disability. When employees are fired, denied reasonable accommodations, or subjected to other forms of discrimination because of a disability, the disability discrimination lawyers at Minnis & Smallets can help.
California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) protect employees with disabilities. Employees are considered disabled if their physical or mental conditions limit their ability to work or to perform other major life activities. The impairment of a major bodily function is also classified as a disability. Protected disabilities include:
Individuals who are perceived as having a disability are also protected by discrimination laws, even if the perception is incorrect. An employee who is associated with another disabled person, such as a son, daughter, spouse or other family member, may also be protected against discrimination.
The FEHA and the ADA provide disabled individuals who are qualified to do a job with important protections against adverse actions taken against them by their employer because of their disability, including prohibiting employers from:
Individuals who help an employee make a disability claim – by testifying, giving a statement, cooperating with an investigation, or providing other kinds of assistance – are also protected from retaliation, even if the disability claim is found to lack merit.
Upon request, employers are required to provide reasonable accommodations for their disabled employees. An accommodation is a modification of the job or work environment, including a leave of absence, that gives the disabled employee a fair opportunity to perform the job successfully. Employers are not necessarily required to provide the requested accommodation, but they must provide some kind of reasonable accommodation if one is available. An employer cannot retaliate against an employee who requests an accommodation.
The law generally regards an accommodation as reasonable if the employer can provide it without undue hardship. Examples of reasonable accommodations may include: granting a leave of absence, job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices that allow the employee to perform the job, or a job transfer or reassignment to a vacant position.
At Minnis & Smallets, our lawyers have successfully represented and protected the legal rights of many executives, professionals, and employees who have been discriminated against or terminated because of their disabilities or requests for accommodation.
Please call our disability discrimination lawyers at 1-415-551-0885 or use our contact form to learn more about your rights. Since the time for filing a claim is limited, you should call immediately to avoid losing your right to pursue a remedy.