Helping Workers Get What They Deserve Under The ADA
When it comes to workers with disabilities, employers have two basic legal obligations under the Americans with Disabilities Act (ADA) and the 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 accommodate 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. Our employment law attorneys 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. We can help you get what you deserve — and what you’re entitled to — under the ADA and FEHA.
Did You Know?
Recently, there have been changes 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.
Even if you have worked at your job for a long time without any unique accommodations, circumstances may change. Alternatively, employees sometimes believe that they must push through years of extra difficulties at work. However, there are often small changes to the job responsibilities, processes or work environment that can make a big difference for employees with disabilities.
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 can also be an effective and reasonable accommodation for an employee needing time off to heal or seek medical treatment.
Contact The Rutten Law Firm, APC, In Southern California
If you believe your employer is in violation of the ADA or FEHA, 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 online or call 818-308-5945 to learn about your rights under California and federal employment law.
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.