A disability should never be negatively highlighted or impacted in the workplace. If you are a victim of workplace harassment, abuse, or hostility, a San Francisco disability discrimination attorney at The Armstrong Law Firm wants to learn more about your story. We have helped people throughout California recover the compensation deserved for losses recognized under the law.
Our legal team has decades of collective experience representing employees. Find out how we can help you during a Consultation at (415) 909-3945. You can also send us a message about your case here.
The Armstrong Law Firm Will Build Your Disability Discrimination Case
You may be the subject of disability discrimination if an employer causes you harm in the workplace, even during the hiring process. Our San Francisco disability discrimination attorney might be able to help you face any of the following actions over your short- or long-term disability:
- Demotions
- Firings
- Forceful resignations
- No reasonable accommodations
- Refusing medical leave
- Refusing work
- Retaliation for filing a complaint, claim, or lawsuit
- Retaliation for reasonable accommodations
- And more
We will exhaust our investigatory resources to preserve evidence and build a case on your behalf. The San Francisco employment law attorneys at the Armstrong Law Firm will act as your legal champion at the negotiating table or in the courtroom. There are no attorneys’ fees until you win.
Our San Francisco Disability Discrimination Lawyer Fights for Compensation
State and federal laws protect disabled employees from harassment, discrimination, and hostility in the workplace. Your employer must also offer reasonable accommodation to help you perform your job when you make a request. Disability discrimination gives you a legal right to compensation for any harm you or your loved one suffered.
The Armstrong Law Firm’s San Francisco harassment and discrimination attorney has won millions in civil awards for clients, including:
- Lost wages and benefits
- Future earning losses
- Mental anguish
- Punitive damages
- Other recoverable awards
Our legal team of San Francisco employment discrimination lawyers represents individuals who are the subject of disability discrimination from a supervisor, co-worker, contractor, or customer. If your employer did not take action to protect you from harm, hire our San Francisco disability discrimination attorney to aggressively fight on your behalf while getting the compensation an employer owes you.
What is a Disability in California?
Under the federal Americans with Disabilities Act, a disability is defined as a condition that substantially limits a major life activity. California’s Fair Employment and Housing Act or FEHA require employees to suffer from a physical disability, a mental disability, or a medical condition.
Unlike the federal Act, California’s law does not require disabilities to be substantial.
What Workers are Protected by Anti-Discrimination Laws?
The California Civil Rights Department (CRD) enforces anti-discrimination laws in the California workplace. The CRD also oversees and implements laws regarding reasonable accommodations. California workplace anti-discrimination laws protect workers when an employer has 5 or more employees. The nature of the disability can be:
- Physical
- Developmental
- Related to mental health/psychiatric
- Having HIV/AIDS
An employer cannot discriminate based on a protected characteristic or a combination of protected characteristics. A disability, whether actual or perceived, falls under these characteristics. Smaller employers, some religious or religious nonprofit organizations, and federal employees in California may not experience protection under California anti-discrimination laws. However, ADA laws protect federal workers.
What Qualifies as a Physical Disability in California?
A physical disability for the purposes of California’s discrimination law generally involves the following:
- A physical impairment;
- That affects a major bodily system; and
- Causes limited life activity.
Physical disabilities may require special education, impact social activities, and impair basic daily routines. California includes amputation, multiple sclerosis, HIV/AIDS, and other chronic conditions such as physical disabilities.
What Qualifies as a Medical Condition in California?
Medical conditions are classified as disabilities in California when they are genetically associated with a particular disease or a type of cancer diagnosis. These are conditions with an increased risk of future health issues.
An employer may not discriminate against an employee due to the likelihood of future medical problems.
What Qualifies as a Mental Disability in California?
Employment discrimination laws in California view mental disabilities as psychological conditions that limit major life activities. California Legislative Code broadly defines what major life activities are. In addition to these limitations, you may experience a mental disability if you require special education or related services for the condition. These mental disabilities include, but are not limited to:
- Bipolar disorder;
- Autism spectrum disorders;
- Schizophrenia; and
- Post-Traumatic Stress Disorder.
Compulsive gambling, kleptomania, pyromania, psychoactive substance disorders, or sexual behavior disorders do not qualify as mental disabilities under California law. However, a qualifying mental disability may cause these actions. A San Francisco disability discrimination attorney can better help you determine if you have a qualifying mental disability.
To learn more about qualifying mental disabilities and psychological conditions, consult the FEHA or an experienced San Francisco Disability Discrimination Lawyer.
What About Pregnancy?
It is illegal for employers to discriminate against pregnant employees in California. If a woman has a pregnancy-related disability, employers are required to make reasonable accommodations unless it would cause the employer an undue hardship.
To receive reasonable accommodations, an employee needs to show their pregnancy has limited a major life activity rendering them legally disabled.
Does Obesity Qualify as a Disability?
While obesity itself does not generally qualify as a physical disability, it can when caused by another condition. The employee’s weight must also interfere with their ability to participate in major life activities.
What About Job Applicants?
Job applicants can also encounter and are protected against disability discrimination. An employer may not ask a job applicant for medical information or require a physical examination before offering that applicant a job. Once an employer offers an applicant a job, that employer may only ask for a medical examination if an exam is required for all employees holding the same or a similar job.
Requesting reasonable accommodations for a disability during the hiring process can occur at any time. However, waiting until you are further in the hiring process can help document disability discrimination in the hiring process when a potential employer refuses to hire you after requesting accommodations when reaching the final stages of securing a position.
What are Reasonable Accommodations?
Both federal and California state laws require employers to make reasonable accommodations for employees with disabilities unless such accommodations would cause an undue hardship. An undue hardship would include a significant expense or difficulty.
Reasonable accommodations involve an interactive process between the employer and the employee to determine how to customize any job modifications. This process has four interactive components according to the Equal Employment Opportunity Commission or EEOC:
- Analyzing the position to identify the job’s purpose and function;
- Working directly with the employee to identify performance issues;
- Periodically evaluating any accommodations; and
- Regularly reevaluating the effectiveness of any accommodations along with the employee’s preferences to determine if preferred accommodations would impose an undue hardship on the employer.
Reasonable accommodations can be any type of job modification when legally proven and deemed reasonable for the situation.
How Do I Request a Reasonable Accommodation for a Disability?
A request for reasonable accommodation in California can occur through verbal or written communication. Submitting a written accommodation request documents the interaction in case a dispute arises. The CDR provides this sample request for reasonable accommodation. An employer may have a request form for accommodations. When writing your own reasonable accommodations request, include:
- Identifying information, such as your name and the job you perform
- Issues preventing you from performing your job
- Reasonable accommodation ideas
- A request for your employer’s ideas and an interactive process discussion on accommodations
- Any reasonable medical documentation if a disability is not apparent or unknown to your employer
Request a job duty statement from your employer to share with your health care provider when a request for certification of a disability by a doctor is necessary. A job duty statement allows a physician to better understand and explain how a disability impacts your ability to perform a job and why reasonable accommodations are required.
Reasonable Accommodations and Your Workplace
Reasonable accommodations can be adjustments made to the hiring, working, or termination of a position. You have the right to a reasonable accommodation request and job modification, including but not limited to:
- Job modifications
- Position reassignment
- Flexible schedules
- Medical leave of absence
- Accessibility equipment
- Wheelchair access
- Testing modifications
Your employer must act in good faith to support your needs as long as the accommodation request is reasonable.
What If My Employer Denies a Reasonable Accommodation?
The law does not require an employer to submit a written denial for a reasonable accommodation request. However, requesting a written response can be beneficial. Speaking with a San Francisco disability discrimination attorney before discussing your concerns with a Human Resources department may help prevent retaliation.
An attorney can advise on which governmental agency to file a disability discrimination complaint with. You can also gain insight into documenting disability discrimination in the workplace. A governmental agency will investigate to substantiate a claim and implement corrective procedures if a complaint is valid.
You may also obtain a Right-To-Sue notice to recover compensation for damages if you experience disability discrimination in California. Time limits to file a civil action vary depending on your employer. Your status as a private or governmental employee may impact how long you have to file a lawsuit. Discuss a disability discrimination case to protect your legal rights as soon as possible.
Call Our San Francisco Disability Discrimination Attorneys Today
Our legal team will help you get the answers you deserve regarding your options. Call the San Francisco disability discrimination attorney at The Armstrong Law Firm for your Consultation by calling (415) 909-3945 or completing our intake form below.