Disability Discrimination Lawyer

When it comes to workers with disabilities, employers have two basic legal obligations under the Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA). First, discrimination because of a physical or mental disability, or a medical condition, is illegal.  Employers cannot demote, terminate, fail to promote or otherwise treat persons differently because of a disability.  Second, employers have a duty to engage in a timely, good faith interactive process to determine the reasonable workplace accommodations available to accomodate a disability that allows an employee to perform his or her job.

At The Rutten Law Firm, APC, we are committed to fighting for the rights of employees with disabilities. We are fluent in the language of the FEHA and ADA and other laws and regulations that govern the ways in which individuals with disabilities are to be accommodated and treated in the workplace.

  • Recently, there have been changed to the ADA expanding the definitions of a disability. A condition that was previously not considered a disability may now be covered by the ADA. A lawyer with our firm can advise you if your physical, mental or other medical issue is considered a disability subject to protection under the ADA and other employment laws.
  • The Fair Employment and Housing Act (FEHA) in California adopts all of the protections of the ADA and provides even broader protection against employment discrimination on the basis of a physical or mental disability or medical condition such as cancer.

Workplace Accommodations

Employees are entitled to reasonable accommodations from their employers that allow them to perform their job notwithstanding any disability. Employers that have knowledge of an employee's disability have a duty to engage in a timely, good faith interactive process with an employee to determine what reasonable accommodations are available that will allow an employee to perform the essential functions of the job. Reasonable accommodations can include physical restructuring of the office environment, such as providing an ergonomic workstation, or providing technology that allows an employee to better see or hear in the office. An employee may also be relieved of lifting heavy objects or additional rest periods

A leave of absence is often an effective and reasonable accommodation for an employee needing time off to heal or seek medical treatment.  Contrary to the policies of many large corporate employers, there is no set time limit for a leave of absence.  If an employee needs more than four months or even a year to recover from a disabling condition, the employer must provide this extended leave of absence unless it would impose an undue hardship on the company.

Contact The Rutten Law Firm, APC, in Southern California

If you believe your employer is in violation of the California Fair Employment and Housing Act (FEHA) or the Americans with Disabilities Act (ADA) or you are being discriminated against because of your physical or mental disability, it is important that you hire a law firm with solid employment law experience. Contact us at The Rutten Law Firm, APC, and learn about your rights under California and federal employment law. Call us toll free at 818-308-5945.

We provide a free initial consultation and handle employment law cases on a contingency basis.  You pay nothing unless and until we recover for you.