Workplace Disability Discrimination Lawyers

Discrimination against disabled employees violates the law

The federal Americans with Disabilities Act (ADA), and California's Fair Employment and Housing Act (FEHA), make it unlawful for an employer to discriminate against an employee because of a physical condition or disability, mental disability or disorder, medical condition or genetic information. Disabilities can be short term injuries that will fully heal, or long term conditions requiring lifelong medical care or treatment.

Employers have a duty to reasonably accommodate a disabled employee unless doing so would pose an undue hardship or the employee cannot perform the essential functions of the job even with accommodation. If the employer fails to provide reasonable accommodations, fails to engage in a good faith, interactive process with the employee to determine what accommodations are needed, or is shown to have discriminated against a disabled worker in any way, it is liable for all the damages caused to the employee. Damages include lost past and future wages and benefits, emotional distress, and attorney's fees and costs.

The California Fair Employment and Housing Act provides protection for employees with disabilities, but in contrast with the federal ADA, disability is more broadly defined under California law, providing protection to a broader class of disabled workers. According to both state and federal laws, a disability must limit a major life activity. In California, this limit does not have to be as substantial, and individuals with correctable disabilities may also be protected under state law. A temporary disability may also qualify for protection. A disabled California worker with a disability may also show that his or her condition limits the ability to do his or her job without reasonable accommodation, while federal law mandates that the employee must be prevented from performing a wide range of jobs, in addition to the job that the employee currently holds.

Once the disability has been demonstrated as acceptable under state or federal law, the employer must reasonably accommodate a disabled worker through a restructuring of the job or job requirements, a leave of absence of any appropriate length, a transfer to a less-demanding position, a more flexible work schedule and other accommodations as necessary. When these accommodations fail to occur, or when he or she is prevented from succeeding in his or her position due to his or her disability, discrimination may have occurred. Many of the largest corporate employers, such as WalMart or Bank of America, for example, have legal policies against accommodating leaves of absence beyond 120 days or some other arbitrary and fixed period. By law, leaves of absence of any duration may be required when there is no undue hardship on the company. We have been successful in rejecting hard and fast accommodation rules often imposed by employers.

Contact The Rutten Law Firm, APC, for a free case evaluation.

The Rutten Law Firm, APC, in Studio City, California, handles employment law cases throughout California, including Los Angeles, Orange, Riverside, Alameda and San Francisco counties. Howard Rutten is one of the top employment law attorneys in the state, often doing battle against the largest companies in the world. We take pride protecting employees against disability discrimination and harassment, and helping disabled workers enforce their rights.

Contact us toll free at 888-708-8623. We thoroughly investigate all discrimination cases and are committed to the success of our clients. We understand the laws regarding discrimination and retaliation, and the requirements for providing reasonable accommodations to disabled employees. We know how to protect our clients' right to a just a legal workplace.

Discrimination in any form, including discrimination because of a disability, should not be tolerated. Contact us at The Rutten Law Firm, APC, and learn about your rights under California employment law. Call our employment retaliation lawyer toll free at 888-708-8623.

Free consultation, and all cases handled on a contingency basis. If we take your case we will advance all costs and charge you nothing unless and until we win.