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Disability Discrimination

Disability Discrimination

Too often, employers treat their employees who have either mental or physical disabilities differently than those who do not have any mental or physical disabilities. Treating employees differently may include:

  • Denying the employee opportunities
  • Overly monitoring and scrutinizing the employee
  • Unfairly disciplining the employee
  • Denying the employee benefits
  • Refusing to rehire the employee if they were fired.
In order to be considered as disabled, a person must meet one of three conditions: have a physical or mental condition that substantially impacts a major life activity, have a history of a disability, or have a physical or mental impairment that is not transitory and minor. A person must be considered medically disabled in order to be protected under disability discrimination laws.

In California, the principal statute governing employment discrimination is the Fair Employment and Housing Act (“FEHA”) (Govt C §§12900–12996). This statute protects the right of all persons to seek, obtain, and hold employment without discrimination based on race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age (at least 40), military and veteran status, or pregnancy. (Govt C §§12940(a), 12941, 12945(a)). This statute does not only protect paid employees but also extends to individuals who are unpaid interns and volunteers. (Govt C §12940(j)).

This protection also extends to persons perceived to have any such characteristic or to be associated with a person who has, or is perceived to have, any such characteristic. (Govt C §12926(m)). In other words, even if the person does not actually have the characteristic which is the basis for the discrimination, they are still protected under the FEHA.

Employers also have a duty to “engage in the good-faith interactive process” once they are put on notice of an employee’s disabilities in order to determine whether the employee needs reasonable accommodations to perform their job functions. Employers who do not communicate with their employees once they are informed of their disabilities, and employers who do not provide reasonable accommodations, may be in violation of the FEHA defined above.

If you believe you have been treated differently because of an actual or perceived physical or mental disability, give us a call at 855-IM-FIRED for a free case evaluation. Our attorneys have substantial experience with these types of cases representing disabled individuals who have been discriminated against in the past or who are currently experiencing disability discrimination.

There are no up-front costs and you do not pay any attorneys’ fees unless we get a recovery in the case.

Contact our Los Angeles California employment attorneys and lawyers now for all of your employee rights’ needs! 

  • Age Discrimination
  • Sex/Gender Discrimination
  • Pregnancy Discrimination
  • Military Status Discrimination
  • Sexual Harassment
  • Sexual Assault
  • Sexual Battery
  • Hostile Work Environment
  • Whistleblower Violations
  • Sexual Orientation Discrimination (LGBTQIA+)
  • Race/National Origin Discrimination
  • Religious Discrimination
  • Family Medical Leave Act/California Family Rights Act Violations
  • Failure to Pay Minimum Wages
  • Unsafe Workplace
  • Unpaid Wages
  • Unpaid Overtime
  • Meal Period And Rest Break Violations
  • Misclassification as an Independent Contractor
  • Retaliation
  • Wrongful Termination

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