Being struck by a disabling injury or illness will create challenges in all areas of your life, including at work. Fortunately, the employers of disabled employees have their obligations spelled out in the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).
The former is a California law and the latter is a federal act. Both of these laws provide the basis for the protection of disabled employees.
Disability Discrimination And Failure To Accommodate
At The Armstrong Law Firm, our Saulsalito employee disability discrimination lawyers have a full understanding of your rights as a disabled worker under these laws. We are dedicated to ensuring that our clients receive the full protection of the FEHA and the ADA. From countering any wrongful termination to ensuring that your employer does all that is required to accommodate your disability, our California disability attorneys will be behind you helping you assert your rights.
Disability And Employer Requirements
After you have reported your disability to your employer, they have to engage in an interactive process during which questions about your disability will be answered, such as:
- What is the best way to accommodate your disability?
- Is an accommodation possible?
- Can the terms of employment be changed to accommodate the disability?
Our San Francisco discrimination attorneys will aggressively pursue any and all claims against an employer who does not respect the rights of, and fulfill their obligations to, a disabled employee, including:
“I was convinced I had a case but more than 40 attorneys in the Bay Area thought otherwise except for Kelly Armstrong. Although my conviction was based on my view of fairness as a long-time Silicon Valley executive, Kelly’s belief in my disability discrimination/wrongful termination case was based on her intimate knowledge of employment law, which she obviously knew better than the other employment lawyers I had approached. Over the course of the legal process Kelly and her associates were incisive, efficient, open-minded and straight-forward; she was also attuned to my anxiety and kept me calm, focused and confident. Kelly had the winning strategy from the onset and she and her associates gathered the critically important information needed to make our case. When we entered the mediation process, Kelly was at her best. With her stellar slide presentation to the mediator, which is uncommon, Kelly clarified and supported the key points of the case from our perspective. The slides set the direction we wanted and delighted the mediator who took copious notes. And the slides took the wind out of the sails of the opposing counsel. It was beautiful to watch a pro do her thing. When it was said and done, a very able Kelly Armstrong delivered as she said she would; it is as simple as that.”
Reviewed By: Frank A.
How Does California Define Disability?
In California, a person is considered disabled if they have some type of physical or mental condition that limits one or more of their major life activities. This may include your ability to engage in:
- Breathing
- Seeing
- Walking
- Taking care of your bodily needs
- Working
- Socialization
- Eating and digesting food
- Speaking or hearing
- Reading
In these situations, the conditions may be considered developmental disorders, such as those that a person was born with, as well as organic brain syndrome-related disorders, specific learning limitations, or emotional or mental illness. In some situations, this may include those who have an amputated body part, struggle with anxiety, have trouble with a major organ, or have other restrictions. These limitations must be considered long-term or permanent.
What Is Considered a Reasonable Accommodation?
In every situation, employers must provide those who can work with reasonable accommodations to allow them to work if they have limitations. A reasonable accommodation could include changes and modifications to the job duties or work environment that allow the person to perform the essential functions of the job unless that accommodation would cause undue hardship for the company.
Accommodations will range widely. They could be a tool or device that makes it possible for you to do your job. It may be changes to the nonessential function of your job that makes it possible for you to complete the work.
Types of Compensation Available for Victims of Disability Discrimination
If your employer is found to have engaged in disability discrimination, reach out to an employment disability attorney for immediate help. You may be able to recover monetary compensation, called monetary relief, as well as other types of damages, called non-monetary relief. The type and amount are always dependent on the specifics of your case.
- Monetary relief falls under any type of money that your employer is responsible for paying to you due to the injuries or other losses you suffered as a direct implication of their actions. It may also be awarded as a type of punishment for breaking the state’s laws.
- Non-monetary relief could include other steps, such as hiring you back to the job or providing reasonable accommodations to allow you to continue to do your job.
In some situations, you may be owed:
- Back pay or lost wages for time missed
- Front pay, which may include income that you would have earned in the future if they did not discriminate against you
- Compensatory damages, including damages for pain and suffering, medical expenses you suffered, and emotional distress (you must be able to prove in a court of law that you did, in fact, suffer these losses).
- Punitive damages may be awarded as a type of punishment to the employer for their actions.
There are various rules for each of these types of compensation. Note that you must be able to prove your losses as well. Because there is a lot of potential recovery of damages on the line, we strongly encourage you to work with a Saulsalito employee disability discrimination attorney if you feel your rights were violated.
Contact a Saulsalito Disability Discrimination Lawyer Today!
If you have been discriminated against because of your disability, the Armstrong Law Firm can help you obtain the compensation you deserve. Email us to request an initial consultation. We have offices in San Francisco, Oakland, San Jose, and Sausalito, and serve the entire Bay Area including Santa Clara County.