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Disability Discrimination Attorney

Sacramento Disability Discrimination Attorney

There are strict disability discrimination laws in California and employers must abide by all of them. The law does not tolerate any type of discrimination at work whether it is because of a disability, race, religion, gender, age, sexual orientation or any other type of discrimination. If you have suffered from any type of discrimination get in contact with Tower Legal Group for excellent Sacramento Discrimination Attorney representation.

Having a disabling injury or illness can be a challenge, especially at your work. The good news is that California employers of disabled employees like you must abide by the the Fair Employment and Housing Act (FEHA) which is California Law and the Americans with Disabilities Act (ADA) which is Federal Law. Both of these laws provide you protection of disability discrimination of  employees.

Disability Discrimination Lawyers Serving Sacramento and Placer Counties

Our disability discrimination attorneys understand and have vast experience when it comes to your rights as a disabled employee under state and federal laws. We can help ensure that you receive the full protection of the FEHA and the ADA. From countering wrongful termination to making sure that your employer is accommodating your disability, our Sacramento Disability Discrimination attorneys can help you assert your rights.

Disability Employer Requirements

Once you have told your employer about your disability, they should be having a private conversation with you and asking questions like “What is the best way that we can accommodate your disability?” or “Can the terms of your employment be changed to accommodate your disability?

We are experts at aggressively pursuing any and all claims against an employer who does not respect the rights of, and fulfill their obligations to, a disabled employee, including “Failure to Engage In the Interactive Process” and “Failure to Accommodate.”

Disability Discrimination

The California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act are state laws that protect people from discrimination based on disability. The laws also require employers, housing providers and business establishments to make reasonable accommodations so that people with disabilities can perform their jobs, have equal housing opportunities, and, have equal access to businesses and services.

In California disabilities are broadly defined as conditions that limit a major life activity, including physical and mental disabilities, as well as medical conditions such as cancer or HIV/AIDS. California definitions and protections can be broader than protections under federal law.

Employing people with disabilities

Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because she has a disability. It is also unlawful to treat a qualified employee or applicant less favorably because of a history of disability, because of the employer’s belief that the individual may have a disability, or because of the individual’s relationship with a person with a disability.

The law also requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

Other guidelines include:

  • Employers must evaluate job applicants regardless of their actual or perceived disabilities. They can’t ask about the nature or severity of disabilities nor can they require an applicant to take medical or psychological exams that aren’t routinely given to other prospective hires.
  • Employers may ask an applicant about his/her ability to perform job-related functions and respond to a request for a reasonable accommodation.
  • Employers may (but do not have to) ask for medical certification of an employee’s or applicant’s need for reasonable accommodation.
  • If there is a question of what accommodation is possible or whether it will allow an employee or applicant to do the job, employers are required to engage in a timely, good faith interactive process with the person who needs support to do a job or his or her representative. This process can clarify what job functions are essential, what accommodations are possible, and whether accommodating an employee with disability will be an “undue hardship” to the business operation.

Reasonable Accommodations for Employees with Disabilities

“Reasonable accommodation” in the workplace is defined as:

(1) modifications or adjustments that are:

(A) effective in enabling an applicant with a disability to have an equal opportunity to be considered for a desired job, or

(B) effective in enabling an employee to perform the essential functions of the job the employee holds or desires, or

(C) effective in enabling an employee with a disability to enjoy equivalent benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.

(2) Examples of Reasonable Accommodation. Reasonable accommodation may include, but are not limited to, such measures as:

(A) Making existing facilities used by applicants and employees readily accessible to and usable by individuals with disabilities. This may include, but is not limited to, providing accessible break rooms, restrooms, training rooms, or reserved parking places; acquiring or modifying furniture, equipment or devices; or making other similar adjustments in the work environment;

(B) Allowing applicants or employees to bring assistive animals to the work site;

(C) Transferring an employee to a more accessible worksite;

(D) Providing assistive aids and services such as qualified readers or interpreters to an applicant or employee;

(E) Job Restructuring. This may include, but is not limited to, reallocation or redistribution of non-essential job functions in a job with multiple responsibilities;

(F) Providing a part-time or modified work schedule;

(G) Permitting an alteration of when and/or how an essential function is performed;

(H) Providing an adjustment or modification of examinations, training materials or policies;

(I) Modifying an employer policy;

(J) Modifying supervisory methods (e.g., dividing complex tasks into smaller parts);

(K) Providing additional training;

(L) Permitting an employee to work from home;

(M) Providing a paid or unpaid leave for treatment and recovery, consistent with section 11068(c);

(N) Providing a reassignment to a vacant position, consistent with section 11068(d); and

(O) other similar accommodations.

 

Medical Leave of Absence

The California Family Rights Act (CFRA), or its federal counter-part the Family Medical Leave Act (FMLA), protect workers whom need medical leaves of absences for themselves or their family members.  Qualifying Employees with over 1 year work history are entitled to 12 weeks of medical leave per year.  In addition, a Reasonable Accommodation can be extending the leave beyond 12 weeks, provided the leave is finite.

If you or a close family member possess a disability, and are struggling with your employer regarding medical leaves of absence or reasonable accommodations, please call one of our experienced attorneys at Tower Legal Group.