Disability Discrimination
Protecting Employees from Disability Discrimination in the Workplace
If you think you are a victim of workplace disability discrimination in California, please contact our office today to discuss your situation. Here at The Law Offices of Christopher H. Whelan, Inc., we have worked for decades on similar cases and achieved landmark victories. We understand the pain you may be experiencing, and we are here to help you fight for your right to fair and just treatment.
WHAT IS A DISABILITY?
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, learning or working). A person may be disabled if he or she has a history of a disability (such as cancer that is in remission). In addition a person may be disabled if he or she 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).
Have Questions About Disability Discrimination Or Employee Rights?
Our experienced employment attorneys help workers understand their rights and pursue claims through the appropriate legal channels.
WHAT IS DISABILITY DISCRIMINATION IN THE EMPLOYMENT CONTEXT?
Workplace disability discrimination refers to the unfair or prejudicial treatment, harassment or termination due to your disability. This illegal treatment can consist of adverse employment actions, such a termination, demotion or transfer, or a refusal to provide reasonable accommodations that would allow you to perform your essential job duties effectively, by modifying the workplace, leave or a modified schedule to give you time to heal, or to obtain medical treatment. State and federal law makes it illegal for any employer to adversely treat a
worker due to a physical or mental disability.
The discrimination laws under the California Fair Employment and Housing Act (FEHA), Family Medical Leave (FMLA), California Family Rights Act (CFRA) not only make it illegal to terminate or demote an employee because of their disability, but also require employers to provide a disabled employee with reasonable accommodations when requested. Reasonable accommodation may include reasonable medical leave, adjustments to work schedules, remote work schedules, light duty, special office equipment, reassignment or accessible facilities. An employer cannot terminate or retaliate against you for requesting an accommodation for your disability or medical condition, regardless of whether the accommodation is ultimately granted.
REASONABLE ACCOMMODATION
Reasonable accommodations under FEHA obligates employers to take affirmative steps to ensure that employees with disabilities have equal access to employment opportunities and can perform
their essential job functions.
WHAT IS THE INTERACTIVE PROCESS?
Once the employer becomes aware that you have a medical condition or disability, they are obligated under the law to engage in a good faith interactive process with you to determine what accommodations you need, and whether they can provide the requested accommodation or an effective alternative reasonable accommodation to assist you in being able to perform the essential functions of your job. The employer cannot simply deny a requested accommodation without first engaging in a dialogue with the employee to see if there is something that could be done in order to allow the employee to continue to work. If the employer outright denies your requested accommodation without first engaging in a conversation with you to see if there are any alternatives this would constitute a failure to engage in the interactive process and therefore violate your rights.
OUR OUR DECADES OF DISABILITY DISCRIMINATION EXPERIENCE CAN BE CALLED UPON TO HELP YOU
For decades our firm has diligently litigated and taken to trial disability discrimination and failure to accommodate cases. We have recovered millions of dollars for our clients and set legal precedent in disability discrimination cases such the California Supreme Court landmark cases Richards v. CH2M Hill (2001) 26 Cal.4th 798 (disability discrimination, failure to accommodate, constructive termination and continuing violation; verdict and fees $2,362,000), and Roby v. McKesson HBOC (2009) 47 Cal.4th 686 (disability harassment and discrimination; verdict and fees $19,742,668) and the federal case, DesRosiers v. Hartford Ins. (2013) 979 F. Supp. 2d 1036 (disability discrimination, failure to accommodate).
If you have been denied a reasonable accommodation, or terminated because of your disability or need for a reasonable accommodation, modified schedule, working from home, medical leave, modified workplace, or have been terminated while on medical leave call our office so we can discuss your potential case.
Associations
