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:
- 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 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 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 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. These mental disabilities include, but are not limited to:
- Bipolar disorder;
- Autism spectrum disorders;
- Schizophrenia; and
- Post-Traumatic Stress Disorder.
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.
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.
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.
Get Legal Help During a Consultation
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.