Disability discrimination in the California workplace is a pervasive issue that can lead to unlawful employment termination, creating financial and emotional stress for affected employees. Understanding your rights and the legal options available can empower you to take action and protect yourself in such situations.
The Los Angeles employment law attorney at Leichter Law Firm, APC, Aryeh Leichter, explains here.
Understanding Disability Discrimination
Disability discrimination occurs when an employer treats an employee unfavorably because of a physical or mental impairment.
The Americans with Disabilities Act (ADA) and similar state laws prohibit employers from discriminating against employees who:
- Have a disability.
- Have a history of a disability, such as cancer in remission.
- They are perceived to have a disability, even if they do not.
The ADA also requires employers to provide reasonable accommodations to qualified employees with disabilities unless it causes undue hardship for the business.
Signs of Disability Discrimination
Some indicators of discrimination or wrongful termination due to disability may include:
- Denial of reasonable accommodations, such as modified work schedules or assistive devices.
- Harassment or derogatory comments related to a disability.
- Unjustified demotion, pay cuts, or changes in job responsibilities.
- Sudden termination following disclosure of a disability or accommodation request.
Legal Protections Against Termination
Federal and state laws protect employees from being terminated solely due to a disability.
If you believe you were fired because of your disability, you may have grounds for a claim under:
- The ADA.
- The Family and Medical Leave Act(FMLA) if your termination followed medical leave.
Additionally, California anti-discrimination laws often provide additional protections.
Steps to Take if You Experience Discrimination
- Request Reasonable Accommodations: Submit a written request to your employer for any necessary accommodations.
- Document Everything: Keep records of discriminatory incidents, accommodations denials, and communications with supervisors or HR.
- File an Internal Complaint: Use your company’s complaint process to report the issue.
- Seek Legal Guidance: Consult an employment attorney who has extensive experience in disability discrimination to evaluate your case.
Contact the Leichter Law Firm for Help
If you believe your termination violated your rights, contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, to explore your options and pursue justice.
Successful claims can result in remedies such as:
- Reinstatement of employment.
- Compensation for lost wages, emotional distress, and punitive damages.
- Implementation of workplace policies to prevent future discrimination.
Beyond legal action, raising awareness about disability rights and advocating for inclusive workplaces can contribute to systemic improvements. You deserve a fair workplace where your abilities are recognized and your rights are respected.