Facing disability discrimination in the workplace can be overwhelming. Contact a premier disability discrimination attorney in Los Angeles, CA at Setyan Law.
You’re already dealing with many issues if you’re disabled or have limitations. You don’t need your employer to illegally discriminate against you on top of everything. If you think you’ve faced disability discrimination in Los Angeles, CA, Setyan Law can help. We will handle the legal process of filing a claim while you focus on moving forward with your life.
Do I Need an Attorney If I Faced Disability Discrimination?
You might wonder: Is there a Los Angeles, CA disability discrimination attorney near me? Yes! Setyan Law offers legal services to clients throughout California. Our compassionate attorneys understand that you are going through a difficult time. We offer one-on-one consultations directly with a lawyer.
When you reach out to Setyan Law, you won’t be pushed off onto a legal assistant. You won’t have to leave multiple messages and wait weeks for us to return your call. Our attorneys will give you a call back and answer all of your questions as quickly as possible.
Employment Disability Discrimination Laws in California
There are two laws that protect people with disabilities in the workplace – the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
What Is the Americans with Disabilities Act (ADA)?
The ADA applies to employers with 15 or more employees. It prohibits discrimination based on physical or mental impairments that substantially limits one or more major life activities. There must be record of such an impairment and the person must be regarded as having an impairment.
If an employer isn’t aware of a disability, then they can’t be held accountable for discriminating against a person with a disability. However, an employee is not required to disclose disabilities upon hire. The worker can tell the employer they have a disability after years on the job and request reasonable accommodation at any time.
How Does the FEHA Protect People with Disabilities?
FEHA is a state law that applies to any public or private employer, which may include one or more individuals, partnerships, corporations, or companies. It is broader than the ADA and applies to physical and mental disabilities as well as medical conditions.
Under FEHA, the criteria that must be met to be considered a “disabled worker” is lower than with the ADA. The ADA requires that your disability “substantially” limit a major life activity. For FEHA, the requirement of “substantial” limitation is removed. A California worker who is limited in any way from engaging in a major life activity qualifies as a disabled worker. Further, work or performance of a job is included as a “major life activity” under FEHA.
Additionally, under the ADA, a worker must be evaluated for disability in a “mitigated” state. For example, if your vision is impaired, you must wear glasses during the evaluation. FEHA does not require a mitigated state during evaluation for disability.
Thus, it is easier to gain coverage of a disabled worker under California’s law, the Fair Employment and Housing Act, than it is under the federal Americans with Disabilities Act.
Employers in California Must Provide Reasonable Accommodations
Employers must provide reasonable accommodations to disabled workers so that they can enjoy the “benefits and privileges of employment,” according to the ADA. The employer must strive to make the benefits of employment equal to those enjoyed by employees without disabilities.
Reasonable accommodations include things like:
- Wheelchair ramps
- Larger computer screens
- Appropriate leave or time off
- Modification to height of desks
- Telephones geared for the deaf or hard of hearing individuals
- Modifications of exams and training materials
- Hiring readers or interpreters
In many cases, the employer will want to negotiate accommodations for workers. That’s why it’s important to work with a skilled disability discrimination attorney in Los Angeles, CA who has your best interests in mind.
How a Disability Discrimination Lawyer in Los Angeles, CA Can Help You
The process of dealing with an employer to achieve accommodations at work can be stressful. If they refuse, you might have to file a complaint against them with a state agency like the California Department of Fair Employment and Housing (DFEH) or federal Equal Employment Opportunity Commission (EEOC). These claims can be time consuming. Let the knowledgeable Los Angeles, CA employment lawyers at Setyan Law handle the legal issues for you.
Setyan Law has a team of disability lawyers in Pasadena, CA and Glendale, CA. We also serve clients throughout Los Angeles, CA and other areas in California. Call us today at (213) 618-3655 for a free consultation.
How an Employment Attorney in Los Angeles, CA Can Help You
Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles, CA, Pasadena, CA, and Glendale, CA.
We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.
Please feel free to call us for a free consultation about your rights.