California law and federal law do not allow employers to discriminate against employees with disabilities. Sadly, disability discrimination does sometimes occur.
Victims of disability discrimination often have grounds to file lawsuits or claims. If you are considering taking legal action against an employer who you believe has committed some form of disability discrimination, strongly consider reviewing your case with a lawyer. An Oakland, California disability discrimination attorney at JML Law can help you pursue justice effectively.
Oakland, CA Disability Discrimination Cases: Understanding the Responsibilities of Employers
Per the Americans with Disabilities Act (ADA), employers must make reasonable accommodations to ensure that workers with disabilities have the opportunity to perform their duties in a manner that meets or exceeds company standards. Specific ways in which an employer may make such accommodations include:
- Helping employees access resources and literature that can assist them in performing their work tasks
- Modifying or shortening work schedules for disabled employees if necessary
- Offering such resources and facilities as interpreters, restructured positions, and other facilities and resources that may prove useful to employees with disabilities
Some employers fail to make such accommodations. You can potentially file a claim or lawsuit against such an employer.
Other Examples of Disability Discrimination in Oakland, CA
Failing to make reasonable accommodations for disabled employees in a manner that adheres to ADA requirements is just one way in which an employer may engage in disability discrimination. Other potential examples of disability discrimination include the following:
- Refusing to hire job applicants or candidates based on their disabilities
- Excluding disabled employees from participation in training programs or networking events
- Demoting or firing disabled employees without a legitimate reason
- Paying an employee with a disability less than others despite them being equally qualified
- Not offering disabled employees benefits they are entitled to
- Not promoting disabled employees or not giving disabled employees raises they have earned
- Forcefully encouraging employees with disabilities to resign
Types of Disabilities
Disabilities come in a variety of forms. They include:
A physical disability is generally one which impairs a person’s movement or negatively impacts their ability to engage in certain “primary life activities.”
Although there are exceptions, it is usually quite easy to determine if someone has a physical disability because they will often rely on equipment to help them address their disability. An example of such equipment would be a wheelchair.
Medical disabilities may just sound like another term for physical disabilities. However, there are key differences between the two.
Specifically, medical disabilities tend to be less easy to notice than physical disabilities. They may consist of health conditions whose symptoms don’t always manifest but can nevertheless impact one’s ability to perform certain work tasks or personal day-to-day tasks. For instance, someone may have a medical disability if they have a cardiovascular condition.
Mental health conditions that can affect one’s ability to participate in primary life activities may include (but are not necessarily limited to) schizophrenia, depression, bipolar disorder, etc.
Contact an Oakland Disability Discrimination Attorney Today
If you had been the victim of disability discrimination you may file a claim or lawsuit against your employer to pursue compensation or damages. Winning your case could result in:
- Being reinstated if you lost your job
- Recovering back pay you may be owed
- Receiving compensation for your pain and suffering
Just be aware that proving an employer engaged in disability discrimination can require conducting a thorough investigation. This is one of many tasks an Oakland disability discrimination attorney at JML Law can assist you with.
If you hire us, we will fight aggressively to hold your employer accountable. This does not merely benefit you. It minimizes the chances that your employer will engage in further disability discrimination in the future, protecting the rights of other employees as a result. Get started today by contacting us online or calling us at 818-610-8800 to schedule your free consultation.
Get Your Questions Answered. Contact Our Lawyers.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident, give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.