Millions of Americans have disabilities. Just because someone suffers from a physical or mental condition or illness does not mean they are incapable of work. With proper accommodations, people with disabilities can perform the essential functions of their jobs and do as well or better than their peers who are not disabled.
Unfortunately, the harsh reality is that employers will often refuse to provide people with disabilities the chance to demonstrate their abilities. Employers routinely fail to provide reasonable accommodations to allow employees with disabilities to fully perform their jobs. Employers may also retaliate against employees who ask for extra support because of a disability by firing them or reducing their hours. This is unfair and in fact, illegal. You should know that California state and federal laws protect your right to work and that you can remain on the job with reasonable accommodations.
The attorneys at SLF have extensive experience and success litigating disability discrimination cases. We can help you navigate the law and make sure you get the justice you deserve.
WHAT IS A DISABILITY?
Not everyone with a medical condition is protected by the law. In order to be protected, a person must have a disability as defined by the law. A person can show that he or she has a disability in one of three ways:
- A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
- A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
- A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
Many disability rights cases involve disputes over what constitutes a disability. We have thorough and extensive knowledge with the nuances of the law and can explain these complexities to you. To discuss your situation with a caring attorney who can vigorously advocate on your behalf, contact our office for a free initial consultation.
WHAT IS A REASONABLE ACCOMMODATION?
Both the American with Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("FEHA") require an employer to provide reasonable accommodation to individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. Generally, an accommodation is any change in the work environment that enables an individual with a disability to enjoy equal employment opportunities.
Examples of reasonable accommodation include but are not limited to:
- Changing job duties
- Changing the work shift
- Providing leave for medical care
- Accommodating work schedules
- Relocating the work area
- Providing mechanical or electrical aids (or modifications)
- Providing interpreters or readers
- Acquiring or modifying equipment, furniture or devices
- Restructuring job schedules or responsibilities
- Making facilities accessible to and usable by people with disabilities
If you have made your employer aware of your disability, asked for help, but are still not getting what you need, your employer may have violated the law. You should take action. The disability discrimination attorneys at SLF are here to help. Contact our office for more information and to schedule a consultation.