You have the right to not be discriminated against because of your disability at work, when renting or buying a property or when providing goods and services. Ableism is a term that describes social prejudice against individuals with disabilities or who are perceived to be disabled, and a preference for able-bodied people.
When you are treated as less-than or disadvantaged for a reason related to your disability, then you need to contact our Newport Beach, CA law firm for a free consultation about your case. We are here to fight for you against your employer and their team of lawyers behind them. We can help you navigate the legal process of filing a claim or a lawsuit, and can help protect your rights.
What is disability discrimination?
Disability discrimination takes many forms such as:
- When a prospective employer asks you disability-related questions or requires you to get a medical exam before giving you a job offer. The only exception is if you have an obvious disability, like using a wheelchair, when the company can ask you what type of accommodations you would require, if any.
- Firing or demoting you because of your disability
- Treating you differently than other employees because your disability, particularly when it comes to promotions or growth opportunities within the company
- Harassment based on your disability leading to a toxic or hostile work environment
- Failing to provide reasonable accommodations for you to do your job
You do not deserve this treatment. Instead, you deserve compassionate but aggressive representation by a Newport Beach, CA law firm that can help you get the benefits and damages that you deserve.
What types of discrimination are in the workplace?
Every disability discrimination case is different, but there are some common examples of workplace discrimination in Newport Beach, CA.
Under the Americans with Disabilities Act (ADA), it is illegal for your employer to not provide you with reasonable accommodations to do your job. An example of a violation of this law would be not providing you hearing aids or mobility aids, making you work in an area that’s difficult to access, and not protecting your leave time so that you can get medical treatments and care that you need.
Examples of disability discrimination in the form of harassment include jokes or slurs about your disability, personal questions about your disability, singling you out for your disability, and failing to stop the harassment after it has been reported to a manager or supervisor.
Disability discrimination also includes when an employer doesn’t give you the same opportunities as everyone else. Your settlement in your Newport Beach, CA workplace discrimination case could include the wages, benefits, and bonuses that you missed out on as a result of not being considered for a promotion or growth opportunity on the basis of your disability rather than what is presented on your job record.
In California disabilities are broadly defined under the Fair Employment and Housing Act (FEHA) 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. It is important to note that in California, an employee need only show that his medical condition limits a major life activity such as working. So in California, a bad back may be a disability, as may high blood pressure, or asthma, or migraines, or many other relatively common illnesses and conditions. Mental conditions such as depression, severe anxiety, ADHD, and so on may also be disabilities.
It is important to note a perceived disability is also protected. So even if you are not disabled, but your employer thinks you may be and discriminates (eg., because you go on medical leaves), then you are covered under the FEHA.
If you have a disability as defined under the ADA, or as defined more broadly under California law, or if you are not sure, then you should contact a lawyer immediately upon experiencing discrimination in the workplace. For example, if you need reasonable accommodation and you have asked for one, but your employer has not attempted to come up with an effective accommodation or ignores your request, then this is a violation of the law, and you should contact or speak to an experienced employment lawyer right away that could help you receive fair treatment.
If you hear your coworkers teasing you or making jokes about your disability, or if you hear coworkers making fun of another employee for their disability, then this is illegal harassment, and an attorney can help you decide whether it is worth pursuing a claim under California and federal employment law.
Begin Gathering Evidence Before Calling Us
You can start to build your case before even calling us, and we recommend that you carefully and discreetly begin gathering, recording, and maintaining documentation related to your disability discrimination.
First, you must prove that you have a physical or mental impairment that substantially limits a major life activity. The ADA does not include an exhaustive list of conditions considered to be a disability, but they do identify medical conditions that could be considered disabilities within the definitions of the law, such as deafness, blindness, epilepsy, partial or completely missing limbs, autism, cerebral palsy, muscular dystrophy, HIV infection, cancer and mobility impairments that require the use of a wheelchair. Impairment does not include sexual behavioral disorders, substance abuse disorders, or certain psychological issues such as a gambling addiction.
You must also show that you were qualified for your position with or without any accommodation. You can simply approve this by providing your résumé, certifications, and your degrees.
Lastly, you must prove that you suffered an adverse employment action due to your disability, such as being denied a promotion, demotion, termination, harassment, threats, or constructive discharge. Temporal proximity is the causal connection between a protected activity and an adverse employment action taken immediately following that protected activity. What this means is if you have evidence that shows that you took part in a protected activity and you were terminated within a few days, then your attorney can use the closeness and time to argue that you were fired in retaliation for exercising your rights and thus deserve damages.
How An Employment Law Attorney Can Help You
The attorneys at Rubin Law Corporation help you by investigating your disability discrimination claim and obtaining a right-to-sue letter from the EEOC. We explain your rights under the applicable laws in your case and help try to resolve concerns between you and your employer.
You do not have to face a prejudiced employer who stereotypes you and makes you feel lesser-than or abused due to your physical or mental impairment. Your Newport Beach, CA employer will have their team of attorneys representing them in your disability discrimination case, so you need an attorney who can explain your options and fight for your fair treatment. You can receive a settlement that includes compensation, lost wages, reinstatement of your position, or a promotion. Call the Rubin Law Corporation today at 213-224-9568.