Under Federal employment laws, when you apply for a job, you are given the option to fill out a record form stating whether you possess a disability or not. Filling out the form in itself is supposed to encourage and aid individuals with disabilities to obtain jobs. Under the Americans with Disabilities Act (ADA) of 1990, no employer can discriminate against an individual on the basis of disability. If you believe you were discriminated against because of your disability, you should retain legal counsel as soon as possible.
Lawyer for Disability Discrimination in Glendale, CA
If you believe you have been a victim of disability discrimination, or you feel your HR or boss is being negligent to your disability discrimination complaint, then you need to seek legal counsel as soon as possible. Disability discrimination is a serious social issue that is constantly being combated, and you should not go unheard if it happens to you. Yarian & Associates, APC is experienced in employment law and understands that such discrimination can prevent you from reaching your best potential.
Schedule an appointment with one of our attorneys at Yarian & Associates, APC to analyze your situation and determine if you have grounds to sue for disability discrimination. Our attorneys are understanding to our clients who may have gone through a horrible experience in their lives, and we want to make it better.
Call (844) 291-1911 to schedule a consultation with our attorney at Yarian & Associates, APC or fill out an initial contact form online. We work with clients in the cities of Glendale, Los Angeles, Riverside, Burbank, Pasadena, Long Beach and Santa Monica.
Overview of Disability Discrimination
- What Counts as a Disability?
- Types of Disability Discrimination
- California Laws for Disability Discrimination
- Disability Discrimination California Lawsuit
- Co-worker Discrimination
- Additional Resources
What Counts as a Disability?
42 USC § 12102 states, “The term ‘disability’ means, with respect to an individual—(A)a physical or mental impairment that substantially limits one or more major life activities of such individual;(B)a record of such an impairment; or(C)being regarded as having such an impairment (as described in paragraph (3)).
(3) For purposes of paragraph (1)(C):(A)An individual meets the requirement of ‘being regarded as having such an impairment’ if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.(B)Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.”
Taking legal action against someone for any type of discrimination can be intimidating especially if you believe your HR has neglected your concerns or if your workplace lacks the safe space to express those concerns in the first place. However, you have the right to stand up for yourself. In trying to provide proof that it was in fact discrimination what you experienced, you may need recall how everything was played out.
Types of Disability Discrimination
Direct discrimination is a clear form of discrimination where the employer displays acts of discrimination directed at you, either addressed in person, in writing, or in the third person (i.e., mentioning your name to someone else). Such examples can include:
- Harassment (i.e., slurs, inappropriate remarks, jokes and banter)
- Victimisation (i.e. bullying, being singled out, threatened)
Indirect disability discrimination comes about when the discrimination may not directly involve your name or done with the intent to hurt you, however the decision made or negligence to act upon inherently affects you as a disabled person.
- Negligent workspace (i.e., no handicap parking, no elevator, no braille)
- Ignorant Decision Making (i.e., activities out casting you as the disabled person, ignoring your disability, etc.)
If you are related to someone who has a disability, then you may be discriminated against, because of your relationship with the disable individual. This is known as discrimination by association. Some examples can include not invited to work on a project, because your child has autism and you may need to take off work to take him to a doctor’s appointment.
The discrimination act can happen anywhere in the workplace, such as:
- At the Office (during and off-work hours)
- At the facility/parking lot of your workplace
- Lunch Time (in and off-work site)
- Off-site work events
- Off-work hours gatherings (i.e., dinner at a coworker or boss’ house, happy hour drinks, coworker/boss meet ups)
- Written communication via Texts, E-mails, Letters
- Electronic communication (i.e., phone call, conference, video)
The timeline of discrimination is not important, and can happen during the following:
- During hiring process
- When being considered for training, promotion, pay rate, etc.
- When quitting or being let go
California Laws for Disability Discrimination
- Americans with Disabilities Act (ADA) of 1990 — 42 U.S.C § 12112 states “No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
- The California Fair Employment and Housing Act (FEHA) — Cal. Gov Code. § 12921(a) states “The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status is hereby recognized as and declared to be a civil right.”
- Unruh Civil Rights Act— Cal. Civil Code § 51(b) states, “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
Disability Discrimination California Lawsuit
When making a case specifically for disability discrimination in the workplace, it is important to remember that the law for discrimination only protects against certain employers, such as:
- Private employers
- State and Local governments
- Employment agencies
- Labor organizations
- Labor-management committees
Before filing a lawsuit pursuant to the ADA against a non-governmental employer, you must first submit a complaint or charge either to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). You must receive the right to sue from either entity first before filing a lawsuit under court proceedings. The EEOC gives you 300 days from the date of discrimination to file a complaint, whereas the DFEH gives you three years from the date of discrimination.
When determining the legal standard for disability discrimination, there is a gray zone. There are a couple of defenses that could be used to justify the action which came off as discrimination. Those include an action that appeared as discrimination based on supposed safety reasons or business decisions. An example would include if there are no reasonable accommodation for the employee’s disability at a company event or trip and the company makes choice to not include the disabled employee for that reason. Additionally, if the disabled individual is in a wheelchair and applies for employment at a factory, then because of business reasons, the employer may the right to reject the application if the employer feels the individual may not be well equipped for the job. It is important to bring the case to a legal professional to analyze it before deciding whether you have grounds to sue for disability discrimination.
California Laws for Co-worker Discrimination
A coworker discrimination action can turn into an employer discrimination action if the boss acted negligent when you made a complaint about discrimination in the workplace whether it was coworker or some other aspect of the workplace. However, laws such as the Unruh Civil Rights Act can come into play when analyzing how a certain coworker treated you during work time or at the workplace and ended up making you feel discriminated. Therefore, if your employer ignored your complaints, you can escalate the issue and may have the right to sue.
Disability Statistics | Cornell University – Cornell University has statistics specifically concerning individuals with a disability such as employment rate or annual earnings, click on the page. You can filter different search categories such as by state, age, gender, or year.
Americans with Disabilities Act (ADA) | Effective Communication – The source is used to provide the regulations that the Department of Justice has implemented for title II and title III entities when communicating with people with communication disabilities. Within the document, you will find different ways of effective communication such as devices amongst other resources for people with disabilities.
Disability Discrimination Attorney in Los Angeles County, CA
Disability Discrimination in the workplace is a type of legal discrimination which laws have been enacted to prevent against. If you were discriminated against in the workplace or during part of the hiring process, you have the right to file a lawsuit against said employer. Our attorneys at Yarian & Associates, APC are dedicated to pursuing justice for you. We will fight endlessly in our end, so that you may be able to regain some sense of clarity and peace of mind.
Whatever your motive may be for bringing justice to a disability discrimination case, your voice is to be heard. We understand the discrimination may have let to you missing out on a continued job opportunity or potential career opportunity. We have laws written that protect you in this case.
Don’t let fear overtake you, and let your voice be heard. Call us at (844) 291-1911 to schedule a consultation with an attorney at Yarian & Associates, APC or fill out a free case review form online. We work with clients in the counties of Tulare and Los Angeles.