Experienced Sherman Oaks Disability Discrimination Attorneys
At the Leichter Law Firm, APC, the Sherman Oaks disability discrimination attorney, Aryeh Leichter, understands the length at which employees’ local, state or federally protected rights are being violated in California, simply for having different abilities than most.
The reality is, disability discrimination is illegal, and when an employee’s workplace rights are violated in any way, the law firm’s Orange County, California employment law attorney puts his skill, knowledge, and employment law resources to work for aggrieved employees, so they can hold their employers accountable for their damages.
If you believe your workplace rights have been violated because of a disability, contact Ari today to schedule a free consultation.
California’s Disability Discrimination Laws Protect More Disabled Employees
While there are both state and federal laws that protect disabled employees in the workplace, California’s laws extend beyond its federal counterparts, providing more protection for more employees.
Federally, the U.S. Equal Employment Opportunity Commission (EEOC) and the Americans with Disabilities Act (ADA) provide baseline protections for employees from disability discrimination in the workplace throughout the U.S.
From a state level, disabled California employees are protected by the California Department of Fair Employment and Housing (DFEH) and the California Fair Employment and Housing Act (FEHA).
The major differences between the lawfully provided protections include:
ADA protections apply to employers with fifteen or more employees and identifies an individual with a disability as one who:
- Has a physical or mental impairment that substantially limits one or more major life activities.
- Has a record of such an impairment.
- Is regarded as having such an impairment.
The FEHA applies to employers with as few as five employees and only requires that a physical or mental condition limit — instead of the federally defined substantially limit — a major life activity.
This is important, because California’s unique protections may allow individuals with temporary or short-term disabilities to qualify for discrimination protection.
Another major factor that differentiates between the federal and state protections is the ADA limits the amount of compensatory and punitive damages an employee may pursue during a civil lawsuit, FEHA has no such cap on damages.
Contact the Sherman Oaks Employment Law Attorney at the Leichter Law Firm, APC to learn more about the legal remedies available for your unique employment law claim today.
Do I Need to Prove My Disability Requires a Reasonable Workplace Accommodation in California?
Employees who have a disability and the necessary skills, experience, and certifications for a job, and can perform its essential functions, must be supplied reasonable accommodations by their employer, so long as doing so would not cause undue hardship to the employer.
Under California’s Americans with Disabilities Act and FEHA that may include:
- Allowing for a reasonable amount of unpaid medical leave.
- Making changes to existing equipment and facilities to help disabled workers.
- Modifying an employee’s hours and days to allow time for required medical treatment.
- Transferring an employee to the same job or a similar job at a different location.
If you are being denied reasonable workplace accommodations for your disability, contact the Sherman Oaks disability discrimination lawyer at the Leichter Law Firm, APC for help today.
What Type of Unpaid Medical Leave Protection is Provided for Disabled Employees in California?
Qualifying disabled employees in California are provided protection for unpaid, job-protected leave for various circumstances and emergencies by both the federal Family and Medical Leave Act (FMLA), and the state of California Family Rights Act (CFRA).
For an employee to be eligible for FMLA protections, including up to 12 work weeks of unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave each year they must:
- Have worked for the company for at least one year.
- Have worked at least 1,250 hours the previous year with the company.
- Have worked at a location with 50 employees within a 75-mile radius of the location.
The medical leave protections are for employees:
- For the birth of bonding of a child or adoption of a child by the worker.
- For the serious health condition of a spouse, parent, or child.
- To recover from a serious health condition that requires added treatment or inpatient care.
Employees may be eligible for twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a severe injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.
Under FMLA, employers may not retaliate against employees who request leave under the federal provisions outlined in the Act. If you believe your federal workplace rights have been violated, contact the Sherman Oaks FMLA discrimination lawyer at the Leichter Law Firm, APC today to learn more about your legal rights and options.
CFRA supplies additional protections for pregnancy, childbirth, breastfeeding, and related medical conditions entitling employees to Pregnancy Disability Leave (PDL) of up to 16 weeks when they are employed by a company with five or more employees.
The Leichter Law Firm’s CFRA discrimination attorney in Sherman Oaks can help you understand the best course of legal action to hold your employer responsible for any federal or state violations you have suffered, starting with a free consultation.
Contact the Leichter Law Firm, APC Disability Discrimination Lawyer in Sherman Oaks, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Sherman Oaks, California today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.