At the Leichter Law Firm, APC, Los Angeles employment law attorney Aryeh Leichter knows that swift action to address disability harassment is key to protecting an employee’s well-being and rights.
Disability harassment in the workplace occurs when an employee with a disability is subjected to unwelcome, offensive, or hostile behavior that is related to their disability, creating an intimidating, hostile, or abusive work environment.
In California, the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) protect employees from such harassment.
What Constitutes Disability Harassment in the California Workplace?
It is crucial to identify disability harassment in the California workplace because it not only violates the rights of employees but also creates a toxic work environment that can harm the mental, emotional, and physical well-being of affected individuals.
Common signs of disability harassment include, but are not limited to:
- Offensive Comments or Jokes: Repeated derogatory comments, jokes, or insults about an employee’s disability.
- Exclusion from Opportunities: Excluding or isolating an employee because of their disability, such as leaving them out of meetings or denial of work opportunities available to others.
- Inappropriate Questions or Assumptions: Persistent inquiries about an employee’s disability or health condition or making assumptions about their ability to perform tasks.
- Denying Reasonable Accommodations: Refusing to provide reasonable accommodations or retaliating against an employee for requesting accommodations.
- Unfair Treatment or Disciplinary Actions: Treating employees differently from others, such as harsher disciplinary measures, because of their disability.
- Physical Harassment or Threats: Any form of intimidation, threats, or physical harassment targeting an employee’s disability.
Addressing harassment promptly ensures that workplaces remain inclusive, respectful, and compliant with California’s strict anti-discrimination laws, ultimately protecting the dignity and safety of all workers.
How to Fight Back Against Disability Harassment
Fighting back against disability harassment in the California workplace is essential to safeguard your rights and ensure that discriminatory behavior is not tolerated.
Here’s how:
- Document the Harassment: Keep detailed records of each incident of harassment, including dates, times, witnesses, and the nature of the behavior.
- Report the Harassment to HR: In writing, notify your employer’s human resources department or your supervisor, following your company’s harassment reporting procedures.
- File a Complaint with the DFEH: If the harassment continues or your employer fails to take appropriate action, file a complaint with the California Civil Rights Department(CRD).
- Consult with an Employment Attorney: If the harassment persists or you experience retaliation for reporting it, consulting with an experienced employment attorney is crucial. They can guide you through the legal process and help you pursue a claim for damages or other remedies.
- Know Your Rights Under FEHA and ADA: FEHA and ADA provide strong protections against disability harassment, including the right to a safe, non-hostile work environment. Understanding these laws can help you recognize when your rights are being violated.
Contact Our Disability Discrimination Attorney in Los Angeles
If you are suffering from workplace harassment because of your disability, contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique circumstances, starting with a free consultation by calling (818)-915-6624 or contacting the firm online.