Society has greatly improved its general approach to workers with disabilities. Injuries, illnesses and other limiting conditions are no longer an excuse to keep people out of the workforce or marginalize their position within it. Federal and California laws protect this principle.
Disability discrimination in the workplace can happen at any level in any workplace. Some people may need extra equipment or infrastructure to fully engage with their work. Several minor cases can be simply corrected with an alteration to a workstation. A refusal or neglect to deal with these issues can land any employer in legal trouble.
A San Francisco concierge service is the defendant in a lawsuit over accommodations for an employee. A woman filed a complaint that alleges several counts connected to disability discrimination and failure to make reasonable accommodations for her wrist injury.
The plaintiff claims that she requested an ergonomic evaluation of her work area after eight years of employment. Her suit states that she was immediately removed from the work schedule and her request was denied nearly a year later.
This refusal of a legal request, added to a possible nonpayment of overtime earnings, led the plaintiff’s lawyer to seek a trail by jury for damages, lost wages, penalties, legal fees and other costs. The defendant has yet to answer the claim.
Victims of disability discrimination have the right to claim better working conditions and damages for previous poor treatment. An attorney can help victims and their loved ones prepare a case for financial damages, reinstatement, work station improvement and other possible outcomes of a suit.
Source: Northern California Record, “Woman files disability discrimination suit against Les Concierges,” Jenie Mallari-Torres, March 29, 2018